Application to reopen the appeal of T.J., on behalf of her child, from action of the Board of Education of the Freeport Union Free School District regarding residency.

Decision No. 18,642

(October 15, 2025)

ROSA., Commissioner.--Petitioner seeks to reopen Appeal of T.J. (65 Ed Dept Rep, Decision No. 18,622), which dismissed her appeal from a determination of the Board of Education of the Freeport Union Free School District (“respondent”) that her child (the “student”) was not a district resident.  The application must be denied.

Section 276.8 of the Commissioner’s regulations governs reopening a prior decision of the Commissioner and provides that applications to reopen are addressed solely to the discretion of the Commissioner.  The Commissioner will not grant an application to reopen absent a showing that: (1) the original decision was rendered under a misapprehension as to the facts or (2) there is new and material evidence that was not available at the time the original decision was made (8 NYCRR 276.8 [a]).  An application to reopen may not augment previously undeveloped factual assertions and arguments, advance new legal arguments, or merely reargue issues presented in the prior appeal (Application to reopen the Appeal of a Student with a Disability, 57 Ed Dept Rep, Decision No. 17,314; Application to reopen the Appeal of Lanzilotta, 48 id. 450, Decision No. 15,911).

Petitioner has not met the standard for reopening.  The evidence petitioner relies upon was not accepted into the record as it was improperly submitted with her reply.  Petitioner’s disagreement with this determination does not constitute a misapprehension of fact (Application to reopen the Application of Gillen, 50 Ed Dept Rep, Decision No. 16,112).  Moreover, petitioner has not identified any new or material evidence unavailable at the time of the underlying appeal.  Therefore, petitioner has not established grounds to reopen Appeal of T.J. (65 Ed Dept Rep, Decision No. 18,622) in accordance with the standard set forth in 8 NYCRR 276.8 (Application to reopen the Appeal of Maloney, 33 Ed Dept Rep 391, Decision No. 13,089).

THE APPLICATION IS DENIED.

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