Respondent denied petitioners' request based on the fact that the new location of the nonpublic school was more than 15 miles from petitioners' residence. Petitioners informed respondent that the school's original location had exceeded the fifteen mile limitation. Petitioners appealed the determination to the board of education and were informed that the board had denied petitioners' request on January 25, 1993. This appeal ensued. Petitioners' request for interim relief pending a determination on the merits of their appeal was denied on March 11, 1994.
Petitioners seek an order directing respondent to provide transportation to the nonpublic school.
Respondent raises a number of affirmative defenses, including the fact that the petition is untimely, petitioners have failed to exhaust their administrative remedies, transportation is not a special education related service and respondent has no authority to provide transportation beyond the fifteen mile limit established pursuant to Education Law ' 3635. Before reaching the merits, I will address the procedural issue. Respondent denied petitioners' request for transportation on January 25, 1994. Therefore, the appeal must be dismissed as untimely. The appeal must also be dismissed on the merits.