Upon receiving this notification, petitioners requested that Kelly be assigned to Lakeland. Petitioners based their request in part on the fact that Kelly's older sister attends Lakeland. In addition, petitioners made this request because Kelly had participated on two of Lakeland's sports teams during the 1993-94 school year, while in the eighth grade. Petitioners then met with the superintendent to appeal this determination. This appeal ensued.
Petitioners contend that the denial of their request is arbitrary, capricious and irrational.
Petitioners allege that during the past seventeen years, students residing in homes fronting on the westerly side of Lexington Avenue have attended Lakeland rather than Walter Panas. Petitioners maintain that they relied on this alleged practice and argue that the district should be estopped from changing its policy. Petitioners further maintain that the denial of their request is arbitrary and capricious because Kelly's older sister attends Lakeland and Kelly has in the past participated on Lakeland's sports teams. Petitioners also contend that the child of a faculty member has been permitted to attend Lakeland regardless of her attendance zone. Petitioners further claim that respondent permitted another student to attend Lakeland for similar reasons.