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Decision No. 13,066

Appeal of JEAN C. WINKLER, on behalf of her daughter, Tara G. Carroll, from action of the Board of Education of the Peekskill City School District and the Northern Westchester-Putnam Board of Cooperative Educational Services regarding denial of transportation.

Decision No. 13,066

(December 15, 1993)

Peter Brasidas Nickles, Esq., attorney for respondent Board of Education of the Peekskill City School District

Plunkett & Jaffe, P.C., attorneys for Northern Westchester-Putnam Board of Cooperative Educational Services, Phyllis Jaffe, Esq., of counsel

SOBOL, Commissioner.--Petitioner, on behalf of her daughter, Tara, appeals respondents' refusal to provide transportation to and from the Northern Westchester Hospital in Mt. Kisco, New York, where Tara received clinical instruction as part of her occupational education program. The appeal must be dismissed.

Tara was enrolled in a two-year Licensed Practical Nurse (LPN) program operated by respondent Northern Westchester-Putnam Board of Cooperative Educational Services (BOCES) at its Tech Center in Yorktown. Beginning January 4, 1993, Tara was required to spend three days a week at the assigned hospital for four hours per day. Tara was required to return to the high school for afternoon classes on the days she was receiving clinical instruction at the hospital. The hospital is forty-five minutes away from Peekskill High School, and no public transportation was available to that location during the requisite hours.

When the appeal was filed, petitioner requested interim relief, which was granted on January 27, 1993. The interim order directed respondent Peekskill to either provide the requested transportation or contract with BOCES to do so. While this order was issued as interim relief, it is clear from a review of the record that such order granted the ultimate relief sought by petitioner since Tara was in the last semester of her senior year when the order was issued. Since she is no longer a student requiring transportation, the appeal has become moot and will be dismissed on that basis (Appeal of Johnson, 32 Ed Dept Rep 662; Appeal of Langenmayr, 30 id. 322; Matter of Rondot, 27 id. 143).

THE APPEAL IS DISMISSED.

END OF FILE