SUNY resubmitted the proposed charter to the Regents, without modification, on August 17, 1999. At that meeting, petitioner's representatives requested transportation on behalf of parents of students attending New Covenant. As a result of the meeting, the district agreed to transport petitioner's students, with the understanding that the provision of such transportation would not jeopardize its rights in an appeal to the Commissioner. This appeal ensued. Petitioner contends that pursuant to Education Law 2856, respondent is obligated to pay to it funds for each student enrolled in the charter school who resides in the district, including transportation costs.
Petitioner alleges that respondent has no legal right to deduct the transportation costs.
Respondent denies that the deduction was inappropriate. Respondent maintains that petitioner is a nonpublic school for transportation purposes and thus must comply with all requirements of Education Law 3635 pertaining to timely transportation requests. Respondent alleges that it did not receive any parental requests for transportation prior to the district's June 1 deadline. Respondent further contends that the requested transportation cannot be furnished without additional cost to the district. Thus, the nonpublic transportation provisions of Education Law 3635, including the provisions governing transportation requests, apply to a charter school.