Counsel for respondent also suggested that petitioners could photocopy Devin's records to share them with Ms. Hollis if they desired. Petitioners claim that Devin was abruptly removed and another student substituted as the drummer for the jazz band without explanation. Petitioners object to Devin's exclusion from the jazz band in 1999-2000 since he was a member of the band in the two previous school years and, according to petitioners, has great musical aptitude and plans a musical career. They assert that Devin has had no behavioral problems in music, yet beginning in March 1999, Mr. Beaubriand began criticizing Devin for no apparent reason, causing him emotional distress. Petitioners imply that Mr. Beaubriand may have harbored an underlying prejudice against Devin because he is adopted, has ethnic characteristics and an exotic appearance.
Petitioners also claim that the district has impeded their rights to legal representation.
Respondent asserts that the appeal is untimely and fails to state a claim upon which relief may be granted. As a threshold matter, the appeal must be dismissed as untimely. Petitioners assert that they were attempting to exhaust their administrative remedies by requesting conferences with Superintendent MacFadden. Accordingly, the appeal is dismissed as untimely. The appeal must also be dismissed as moot.