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Decision No. 18,540

Appeal of J.N., on behalf of her child, from action of the Board of Education of the Hewlett-Woodmere Union Free School District regarding transportation.

Decision No. 18,540

(January 14, 2025)

Volz & Vigliotta, PLLC, attorneys for respondent, Sarah A. Gyimah, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals the decision of the Board of Education of the Hewlett-Woodmere Union Free School District (“respondent”) denying transportation to her child (the “student”).  The appeal must be dismissed for improper service.

Section 275.8 (a) of the Commissioner’s regulations requires that the petition be personally served upon each named respondent.  If a school district is named as a respondent, service upon the school district shall be made personally by delivering a copy of the petition to the district clerk, to any trustee or any member of the board of education, to the superintendent of schools, or to a person in the office of the superintendent who has been designated by the board of education to accept service (8 NYCRR 275.8 [a]; Appeal of B.H., 57 Ed Dept Rep, Decision No. 17,246; Appeal of Peterson, 48 id. 530, Decision No. 15,939).

Here, petitioner served the petition on an employee of the school district, a security aide, who was not authorized to accept service on respondent’s behalf.  Petitioner submits no reply or other evidence that she served an individual so authorized.  Accordingly, the appeal must be dismissed (Appeal of T.A., 63 Ed Dept Rep, Decision No. 18,367; Appeal of Lang, 62 id., Decision No. 18,164).

In light of this disposition, I need not address the parties’ remaining contentions.[1]

THE APPEAL IS DISMISSED.

END OF FILE

 

[1] I note, however, that even if the petition was properly served, petitioner has not established a clear legal right to the requested relief (See, e.g., Appeal of A.H., 64 Ed Dept Rep, Decision No. 18,439; Appeals of Manders, 62 id., Decision No. 18,295).