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.
Petitioners offer no evidence to the contrary.