Petitioner's younger daughter, Kristen, is eligible to attend kindergarten for the 1999-00 school year. Respondent unanimously denied petitioner's request. This appeal ensued. Petitioner's request for interim relief was denied on October 1, 1999. Even though petitioner has sought permission each year to have his older daughter attend Latham Ridge, he contends that his residence is zoned for Latham Ridge, arguing that the 1983 resolution transferred only those families residing on the west side of Colonie Avenue to the Forts Ferry attendance zone.
Petitioner resides on the east side of the street.
Petitioner also contends that respondent failed, among other things, to perform an environmental impact study before altering the attendance zones in 1983. Respondent contends that the 1983 resolution transferred all residences on Colonie Avenue to the Forts Ferry attendance zone and that since then, the district has, in fact, assigned students from both sides of Colonie Avenue to Forts Ferry. In addition, respondent explains that it properly denied petitioner's request to have Kristen attend Latham Ridge because the kindergarten classes there are full. Preliminarily, I note that to the extent that petitioner attempts to challenge respondent's decision in 1983 to alter the attendance zone for Latham Ridge, the appeal is clearly time barred. Accordingly, I will not address any claims that challenge the propriety of the 1983 resolution.