Appeal of S.H., on behalf of his child, from action of the New York City Department of Education regarding educational placement.

Decision No. 18,634

(August 27, 2025)

Muriel Goode-Trufant, Corporation Counsel, attorneys for respondent, Kendra Elise Riddleberger, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals a determination of the New York City Department of Education (“respondent”) regarding the admission of his child (the “student”) to a gifted and talented program.  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).

Petitioner commenced the instant appeal six days late.  In the petition, petitioner suggests that this occurred due to his unfamiliarity with the appeals process.  This does not afford a sufficient basis to excuse a delay in commencing an appeal (Appeal of Calas, 63 Ed Dept Rep, Decision No. 18,403; Application of Karimi, 63 id., Decision No. 18,345; Application of S.D., 60 id., Decision No. 18,009).  Accordingly, the appeal must be dismissed.

Even if timely, the appeal would have been dismissed on the merits.  Respondent offers gifted and talented programs of instruction at several of its schools beginning in kindergarten.  Families with pre-kindergarten students may apply for admission by ranking their desired programs in order of preference.[1]  Petitioner’s child was placed on a waitlist for her first and second choices and admitted to her third-choice program.  While petitioner would prefer that the student attend her top choice program, he has identified no legal basis for this relief.  Therefore, the appeal would be dismissed on this basis as well.

THE APPEAL IS DISMISSED.

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