Skip to main content

Decision No. 18,672

Appeal of R.M., on behalf of her children, from action of the Board of Education of the Ballston Spa Central School District regarding immunization.[1]

Decision No. 18,672

(January 15, 2026)

Honeywell Law Firm PLLC, attorneys for respondent, Shannon M. Capozzola, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals a determination of the Board of Education of the Ballston Spa Central School District (“respondent”) that her children are not entitled to a medical exemption from the immunization requirements of Public Health Law (“PHL”) § 2164.  The appeal must be dismissed for lack of jurisdiction (8 NYCRR 276.9).

The only relief requested by petitioner, aside from interim relief, is an extension of “time to file [a] Verified Petition for sixty [] days from the date the District completes production of all FERPA and FOIL records” previously requested by petitioner.  “[T]here is no provision in the Commissioner’s regulations that … authorize[s] an extension of time to appeal after the 30-day time limitation ha[s] passed” (Appeal of Lovinsky and Simpson, 57 Ed Dept Rep, Decision No. 17,422).  Should a petitioner seek to file a petition more than 30 days after the decision or act complained of, she or he should “set forth good cause for the delay in the petition …” (id.).  Therefore, I lack the ability to grant petitioner’s requested relief and the appeal must be dismissed.

THE APPEAL IS DISMISSED.

END OF FILE

 

[1] Petitioner also names several administrators and employees in the caption of the appeal.  Given the limited relief requested, “I find that the board is the only appropriate respondent in this appeal” (Appeal of F.P., 64 Ed Dept Rep, Decision No. 18,525).