Appeal of T.D.Q., on behalf of his child, from action of the Board of Education of the Amherst Central School District regarding transportation.

Decision No. 18,578

(July 2, 2025)

Hodgson Russ LLP, attorneys for respondent, Lindsay A. Menasco, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals the refusal of the Board of Education of the Amherst Central School District (“respondent”) to provide transportation for his child (the “student”) to a nonpublic school.  The appeal must be dismissed.

Petitioner and the student reside within respondent’s district.   On November 6, 2024, petitioner requested transportation to a nonpublic school for the 2025-2026 school year.  Respondent denied petitioner’s request as the distance between his home and the nonpublic school exceeded 15 miles.  This appeal ensued.

Petitioner acknowledges that the nonpublic school is more than 15 miles from his home but argues that transportation should be provided to the nonpublic school because it is “the only school that Amherst excludes transportation to based on the cutoff.”

Respondent contends that the appeal should be dismissed because, among other reasons, petitioner has not articulated a legal right to transportation beyond the statutory 15-mile limitation. 

Pursuant to Education Law § 3635 (1), a school district must provide transportation to children who reside within the district and attend nonpublic schools, provided that the distance between the child’s home and his or her nonpublic school is within the statutorily prescribed limits (Education Law § 3635 [1] [a]; Appeal of Matlis, 57 Ed Dept Rep, Decision No. 17,303; Appeal of S.T., 48 id. 389, Decision No. 15,894; Appeal of Hughes, 48 id. 299, Decision No. 15,865).  Specifically, a board must provide transportation for all children attending kindergarten through grade 8 whose home and school are between 2 and 15 miles apart, as well as all children attending grades 9 through 12 whose home and school are between 3 and 15 miles apart (Education Law § 3635 [1] [a]).  A school district may provide transportation for a lesser or greater distance only upon approval by the voters of the district (Education Law § 3635 [1] [a]; Appeal of Matlis, 57 Ed Dept Rep, Decision No. 17,303; Appeal of Bittlingmaier, 45 id. 213, Decision No. 15,305; Appeal of Heffernan, 43 id. 447, Decision No. 15,046).[1]

In an appeal to the Commissioner, a petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks relief (8 NYCRR 275.10; Appeal of P.C. and K.C., 57 Ed Dept Rep, Decision No. 17,337; Appeal of Aversa, 48 id. 523, Decision No. 15,936; Appeal of Hansen, 48 id. 354, Decision No. 15,884).

By his own admission, petitioner is ineligible for transportation due to the distance between his home and the school.  While petitioner poses equitable arguments as to why an exception is warranted here, “the legislative yardstick is distance, which is, objectively [and] readily ascertainable ...” (Studley v. Allen, 24 AD2d 678 [3d Dept 1965]).[2]  Therefore, respondent’s decision to enforce the distance limitations in its policy cannot be considered arbitrary or capricious (see Appeal of Neman, 64 Ed Dept Rep, Decision No. 18,563; Appeal of Lachman, 56 id., Decision No. 17,039; Appeal of Robert G., 32 id. 60, Decision No. 12,758).

I have considered petitioner’s remaining arguments and find them to be without merit.

THE APPEAL IS DISMISSED.

END OF FILE