The School District's Board of Education [Board] determined that a parent's [Petitioner's] school children were "not entitled to a medical exemption" from the immunization requirements of New York State Public Health Law §2164.
Petitioner appealed the Board's decision to the New York State Commissioner of Education but, in the words of the Commissioner, "The only relief requested by [Petitioner], aside from interim relief, is an extension of 'time to file [a] Verified Petition for sixty [] days from the date the District completes production of all FERPA and FOIL records' previously requested by [Petitioner".
Noting that there is no provision in the Commissioner’s regulations authorizing an extension of time to appeal after the 30-day time limitation to file an appeal to the Commissioner had passed, the Commissioner opined that in the event a petitioner seeks to file a petition more than 30 days after the decision or act complained of, the Petitioner should “set forth good cause for the delay in the petition".
As Petitioner had not done so, the Commissioner ruled that she lacked jurisdiction to consider the matter and dismissed Petitioner's appeal.
Click HERE to access the Commissioner's decision posted on the Internet.