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Decision No. 14,647

Appeal of A STUDENT SUSPECTED OF HAVING A DISABILITY, by his parent, from action of the Board of Education of the Roslyn Union Free School District, relating to grades.

Decision No. 14,647

(October 2, 2001)

Jaspan Schlesinger Hoffman, LLP, attorneys for respondent, Carol A. Melnick, Esq., of counsel

MILLS, Commissioner.--Petitioner seeks to compel the Board of Education of the Roslyn Union Free School District ("respondent") to provide his son with a report card in a timely manner. The appeal must be dismissed.

Petitioner"s son is eleven years old and receiving home instruction from the Roslyn Union Free School District. In April, respondent"s middle school issued report cards to its students, including petitioner"s son. While a grade of "83" was issued for English, no other grades were recorded on his report card. In response to petitioner"s May 11, 2001 inquiry, he was provided with a guide sheet on May 17, 2001 which identified outstanding assignments and tests to be completed before grades could be issued rating his son's performance in his other subjects for the third quarter. As the student completed assignments and took required tests, grades were issued for each subject and recorded on "Mark Change Forms" which were provided to petitioner. Petitioner was advised in writing that the district does not reprint report cards and that his son's grades for the third quarter would be recorded on his final report card for the 2000-2001 school year. Petitioner commenced this appeal on June 8, 2001. On June 29, 2001, the middle school issued report cards and petitioner was provided with his son"s report card indicating the grades he received for each of the four quarters of the 2000-2001 school year, as well as his final grades for each class. A request for interim relief was denied on July 20, 2001.

The appeal must be dismissed as moot. The Commissioner of Education will only consider matters in actual controversy and will not render a decision on a state of facts which no longer exists or which subsequent events have laid to rest (Appeal of Paul, 40 Ed Dept Rep 256, Decision No. 14,475; Appeal of Pennett, 40 id. 227, Decision No. 14,466; Appeal of Mace, 40 id. 110, Decision No. 14,433). As respondent provided petitioner with his son"s report card for the 2000-2001 school year on June 29, 2001, at the same time as all other eligible students, no meaningful relief can be granted and the appeal must be dismissed as moot.

THE APPEAL IS DISMISSED.

END OF FILE