Appeal of GERALD CASEY and CAROL HAYDEN-CASEY, on behalf of their child, from action of the Board of Education of the Dobbs Ferry Union Free School District regarding transportation.

Decision No. 18,489

(August 28, 2024)

Shaw, Perelson, May & Lambert, LLP, attorneys for respondent, Julie M. Shaw, Esq., of counsel

ROSA., Commissioner.--Petitioners appeal the decision of the Board of Education of the Dobbs Ferry Union Free School District (“respondent”) to deny transportation to their child (the “student”) to a nonpublic school during the 2023-2024 school year.  The appeal must be dismissed as untimely. 

An appeal to the Commissioner must be commenced within 30 days from the decision or act complained of, unless any delay is excused by the Commissioner for good cause shown (8 NYCRR 275.16; Appeal of Saxena, 57 Ed Dept Rep, Decision No. 17,239; Appeal of Lippolt, 48 id. 457, Decision No. 15,914).  Respondent denied petitioner’s request for transportation on August 31, 2023.  Petitioners attempted to commence an appeal on September 26, 2023.  However, by letter dated September 29, 2023, the Office of Counsel returned this submission to petitioners as it lacked the verification and notice required by 8 NYCRR 275.5, 275.6, and 275.11.  The Office of Counsel informed petitioners that if they served and filed a corrected petition within two weeks, the appeal would be deemed served on the date that it was personally served; i.e., September 26, 2023.  Petitioners did not serve a corrected petition until October 18, 2023, five days after the two-week deadline.  Consequently, the date of service does not relate back to September 26, 2023 and the appeal must be dismissed as untimely (Appeal of J.N., 57 Ed Dept Rep, Decision No. 17,294).[1]

Even if the appeal were timely, it would be dismissed on the merits.  Petitioners assert that, in the prior five years, respondent sent a website link to parents to submit transportation requests.  Petitioners indicate that respondent did not do this for the 2023-2024 school year, which caused their late submission.  A school district, however, has no legal obligation to inform parents of the April 1 deadline (Appeal of Escobar, 57 Ed Dept Rep, Decision No. 17,256; Appeal of Rivera and Figueroa, 52 id., Decision No. 16,449).[2]  Moreover, ignorance of the April 1 deadline does not constitute a reasonable excuse justifying a late transportation request (Appeal of Simonetti, 63 Ed Dept Rep, Decision No. 18,301). 

Additionally, the record supports a finding that providing transportation to the student would cost respondent over $12,000 per month (see Appeal of Evergreen Charter School and Bernadino, 60 Ed Dept Rep, Decision No. 17,939).  Therefore, even if the appeal was timely, it would be dismissed on the merits.

THE APPEAL IS DISMISSED.

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