Application to reopen the appeal of J.L., on behalf of his child, from action of the Board of Education of the Syosset Central School District regarding denial of admission.

Decision No. 18,546

(February 3, 2025)

Ingerman Smith LLP, attorneys for respondent, Michael G. McAlvin, Esq., of counsel

ROSA., Commissioner.--Petitioner seeks to reopen Appeal of J.L. (64 Ed Dept Rep, Decision No. 18,496), which dismissed his appeal from a determination by respondent denying the student’s admission into district schools.  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).

The application must be denied for improper service.  Section 276.8 (b) provides that service of an application to reopen “shall be made in the manner set forth in section 275.8(b)” of the Commissioner’s Regulations.  There is no evidence that petitioner served a copy of the application to reopen upon respondent.  It appears, as in Application to reopen Appeal of Martinez, that respondent only learned of this submission when the Office of Counsel contacted counsel for respondent to inform him of such (59 Ed Dept Rep, Decision No. 17,831).  Therefore, petitioner’s application is denied.

Even if properly served, petitioner’s application to reopen would be denied on the merits.  Petitioner’s submissions do not meet the standard set forth in section 276.8 of the Commissioner’s regulations. 

THE APPLICATION IS DENIED.

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