The 100 miles is unreasonable, but hardly arbitrary and capricious.
It is unreasonable because some kids would NEVER be able to get this waiver. I'll give you that. It probably should be 200 or 250.
Like the rule or not, firm application of it is the polar opposite of arbitrary and capricious. That would be giving the waiver to a kid 105 miles away, and not giving it to one 103 miles away, despite having the 100 mile limit. By definition, it means being nonconstant, random, inconsistent, unpredictable, variable in the application of something.
Sorry, pet peeve of mine, using words in the wrong context.
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In response to this post by TomTurkey)
Posted: 04/25/2019 at 12:21PM