Decision No. 13,422

(June 6, 1995)

SOBOL, Commissioner.--Petitioner appeals respondent's refusal to allow his son to attend English class. The appeal must be dismissed.

Respondent's policy permits seniors who have failed English 11 to remedy the failure by enrolling in both English 11 and 12, provided the student maintains passing grades in both courses. During the 1994-95 school year, petitioner's son enrolled in both courses. By letter dated December 23, 1994, respondent notified petitioner that his son was failing English 12. The letter further stated that petitioner's son could "continue English 12 on an audit basis only." Petitioner brought this appeal, alleging that respondent improperly removed his son from class. Specifically, petitioner contends that respondent's policy is illegal and that respondent failed to adequately notify petitioner of its policy or that his son's grades in English 12 were deficient.

Respondent denies petitioner's allegations. It also maintains that the matter is moot. In support, respondent asserts that petitioner's son was reinstated to his English 12 class on January 13, 1995. Respondent argues that because petitioner's son audited his English class prior to that reinstatement, he missed no work. Petitioner does not contest those contentions.

I find the appeal must be dismissed as moot. The Commissioner of Education will decide only cases where an actual controversy exists and will not render a decision concerning a dispute which subsequent events have laid to rest (Appeal of Ferrara, 34 Ed Dept Rep 47; Appeal of Evans, 33 id. 572; Appeal of Chrisfield, 33 id. 463). In this appeal, petitioner seeks an order preventing the removal of his son from class. Since petitioner's son has been reinstated in the English 12 class and never missed any work in that class, there is no controversy to decide.

THE APPEAL IS DISMISSED.

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