In September 1989, petitioners' son received transportation. Respondent maintains that it has no clear record to explain why it provided transportation at that time, but believes it may have been based upon a mistaken belief that petitioners resided at 2318 Lindenmere Drive. In March 1991, respondent apparently reviewed its records and determined that petitioners' son was ineligible for transportation because regardless of his address he still lived less than one-half mile from the school he attends. This appeal ensued. Before addressing the merits of this appeal, it is necessary to address a procedural issue raised by respondent.
Petitioners submit a reply to respondent's answer that raises new issues.
New issues set forth in petitioners' reply are not properly before me, therefore, and will not be considered. Respondent also contends that this appeal must be dismissed, since the petition served upon it was not verified, as required by Regulations of the Commissioner of Education 275.5. However, the original petition filed with my Office of Counsel is properly verified. Petitioners contend that since they have, in effect, two addresses, and an easement over the property in back of their residence giving them access to Lindenmere Drive, respondent must measure the distance between their home and the school from Lindenmere Drive rather than Gregory Avenue. It is undisputed that the district from Lindenmere Drive to the school is more than one-half mile and would require respondent to provide the requested transportation.