Appeal of VANESSA SEMONELLA, on behalf of a child, from action of the Board of Education of the Smithtown Central School District regarding residency.

Decision No. 18,574

(June 16, 2025)

Ingerman Smith LLP, attorneys for respondent, Ellen M. Vega, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals the decision of the Board of Education of the Smithtown Central School District (“respondent”) that a participant in an exchange program (the “student”) is not a district resident.  The appeal must be dismissed for improper service.

Section 275.8 (a) of the Commissioner’s regulations requires that the petition be personally served upon each named respondent.  If a school district is named as a respondent, service upon the school district shall be made personally by delivering a copy of the petition to the district clerk, to any trustee or any member of the board of education, to the superintendent of schools, or to a person in the office of the superintendent who has been designated by the board of education to accept service (8 NYCRR 275.8 [a]; Appeal of B.H., 57 Ed Dept Rep, Decision No. 17,246; Appeal of Peterson, 48 id. 530, Decision No. 15,939).

Respondent asserts that it was never served with a copy of the petition.  Petitioner does not assert, in the petition or in a reply, that she arranged for service of the petition.  Accordingly, the appeal must be dismissed (Appeal of T.A., 63 Ed Dept Rep, Decision No. 18,367; Appeal of Lang, 62 id., Decision No. 18,164).

Even if petitioner had properly served respondent, the petition would be dismissed as untimely.  An appeal to the Commissioner must be commenced within 30 days from the making of the decision or the performance of the 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 by letter dated August 28, 2024.  Petitioner’s appeal is dated October 25, 2024, which is 58 days thereafter.  Petitioner does not identify good cause for the delay in the petition (8 NYCRR 275.16).

In light of this disposition, I need not address the parties’ remaining contentions.

THE APPEAL IS DISMISSED.

END OF FILE