The appeal must be dismissed. Petitioners are residents of respondent's district. Respondent moved an attendance zone from the Academy Avenue School to the Mechanicstown School to ease overcrowding. As a result of that change, approximately 48 students were transferred to Mechanicstown. This appeal ensued.
Petitioners allege that respondent moved the attendance zone for racial and socioeconomic reasons.
They allege that most of the students transferred were from a middle to upper class neighborhood and that the students were deliberately transferred from the Academy Avenue School because it has a high poverty level, a number of free and reduced lunch program participants and some minority and limited English proficient students. Respondent contends that the transfer was to relieve overcrowding at the Academy Avenue School and was done on a rational and non-discriminatory basis. Before reaching the merits, I will address a procedural issue. Respondent contends that the reply sets forth new issues and material which were not contained in the petition, and which do not respond to allegations in respondent's answer. My review of the record supports respondent's contention.