Appeal of a STUDENT SUSPECTED OF HAVING A DISABILITY, by his parent, from action of the New York City Department of Education regarding transportation.

Decision No. 15,587

May 23, 2007

Michael A. Cardozo, Corporation Counsel, attorney for respondent, Steven D. Weber, Esq., of counsel

MILLS, COMMISSIONER.--Petitioner appeals the determination of the New York City Department of Education (“respondent”) denying his request for transportation for his son.  The appeal must be dismissed.

Petitioner’s son is a third grade student at PS 50R in Staten Island, within respondent’s school district.  According to respondent’s transportation policy, children in grades kindergarten through two who reside more than one-half mile from school are eligible for free transportation.  Children in grades three through six who reside more than one mile from school are eligible for free transportation.  Petitioner was notified that, effective September 2006, his son would not be eligible for free transportation because he lived less than one mile from school.  By letter dated June 7, 2006, petitioner objected to this determination, claiming that it would be unsafe for his son to walk from his residence to the nearest bus stop.  By letter dated June 29, 2006, the Office of Pupil Transportation affirmed the decision to deny transportation.  This appeal ensued.

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 O’Brien, 44 Ed Dept Rep 43, Decision No. 15,092; Appeal of Spina, 43 id. 354, Decision No. 15,016).

Respondent notified petitioner of its decision to deny transportation by letter dated June 29, 2006.  Petitioner did not properly commence his appeal until October 4, 2006, over three months later.  Petitioner offers no explanation for his delay.  Therefore, the appeal is untimely.

THE APPEAL IS DISMISSED.

END OF FILE