In this appeal to the Commissioner of Education the Respondent [School District] contended that the appeal must be dismissed as untimely, among other reasons.
The Commissioner agreed, explaining that an appeal to the Commissioner of Education must be commenced within 30 days from the administrative decision or act complained of, "unless any delay is excused by the Commissioner for good cause shown" and it is the actual knowledge of the facts underlying a claim that begins the running of the 30-day period in which the aggrieved party may bring the proceeding.
In this instance the Commissioner noted that the Petitioners had received actual notice of the School District's decision on June 27, 2025 but did not commence their appeal until August 25, 2025, more than 30 days after had knowledge of the School District's ruling.
Although Petitioners had requested the School District reconsider its decision, the Commissioner noted that such a request does not extend the time limits within which a petitioner may file an appeal to the Commissioner.
As Petitioners did not offer any explanation for the delay in their submitting their appeal to the Commissioner, the Commissioner held that Petitioner's appeal must be dismissed as untimely.
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