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Decision No. 13,188

Appeal of ALBERT E. CLUNE and LUCILLE LaFORNARA from action of the Board of Education of the Sidney Central School District with respect to the elimination of a reading program.

Decision No. 13,188

(May 23, 1994)

Carl A. Griffith, Esq., attorney for respondent

SOBOL, Commissioner.--Petitioner appeals respondent's elimination of a sixth grade reading program at the Sidney Central Middle School. The appeal must be dismissed.

In developing a budget for the 1993-1994 school year, the Board of Education of the Sidney Central School District ("respondent") eliminated a reading program at the Sidney Central Middle School. The proposed budget was defeated by the voters in June 1993. Thereafter, on June 22, 1993, the board adopted a contingency budget which did not include the former reading program. At that same meeting, petitions were submitted requesting the placement of a proposition before the voters calling for the reinstatement of the reading program. On July 6, 1993, the board rejected the proposition and decided not to conduct a special district meeting. This appeal was commenced on July 30, 1993. On the previous day, the board of education restored the sixth grade reading program which is at issue in this appeal.

In view of the board's action on July 29, 1993, this appeal is moot. It is well established that the Commissioner of Education will not decide a matter where subsequent events have rendered the original controversy moot (Appeal of Paye, 33 Ed Dept Rep 241; Appeal of Auch, 33 id. 84; Appeal of Becker and Hargett, 29 id. 419; Appeal of Vachon, 28 id. 276).

Based upon the earlier described events, it is unnecessary to address the parties' remaining contentions.

THE APPEAL IS DISMISSED.