In establishing a state-wide system of free public schools, the Legislature has provided one means of providing education for all children. The Legislature has not, however, authorized partial attendance at a public school except under certain specified circumstances. Pursuant to Education Law 3602-c, instruction in the areas of occupational and vocational education, gifted education, and education of students with disabilities may be furnished to students enrolled in nonpublic schools. Therefore, respondent's determination not to permit Melissa to attend its high school driver education course while being home instructed is consistent with applicable law. 38 Ed Dept Rep 694, Decision No.
Petitioners provide no explanation of the legal basis for their discrimination claim.
Having failed to articulate a clear legal right to relief, petitioners have failed to meet their burden. Accordingly, I would not address such claims. Finally, petitioners allege that respondent has, on one prior occasion, permitted a home-instructed student to attend its high school driver education course. Petitioners, therefore, claim that respondent's determination herein is arbitrary and capricious. Respondent asserts, however, that it was unaware of the prior incident.