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Decision No. 15,179

Appeal of INOCENCIA NOLASCO, individually and on behalf of her daughter BRENDA BATISTA, from action of the Board of Education of the City School District of the City of New York, the Chancellor, and Reyes Irizarry, Superintendent of Region 4, regarding provision of school related information.

Anusuya Chatterjee, Esq., attorney for petitioner

Michael A. Cardozo, Corporation Counsel, attorney for respondents, Theresa Crotty and Joshua Chao, Esqs., of counsel

MILLS, Commissioner.--Petitioner appeals the alleged failure of the Board of Education of the City School District of the City of New York, the Chancellor, and Superintendent Irizarry (hereinafter "respondents") to provide her with school related information in a language that she understands.  The appeal must be dismissed.

Petitioner�s daughter, Brenda, attended twelfth grade at EBC High School for Public Service during the 2003-2004 school year. Brenda is not a limited English proficient student. Petitioner�s primary language is Spanish. According to her petition, she does not speak or understand English proficiently.

Petitioner alleges that respondents failed to provide her with required translation and interpretation services. Petitioner contends, therefore, that respondents have violated her rights under federal law, including Title I of the Elementary and Secondary Education Act, Title III of the Elementary and Secondary Education Act, Title VI of the Civil Rights Act of 1964, and the Equal Educational Opportunities Act of 1974.  Petitioner fu rther claims that respondents have violated her rights under New York State Education Law �3201 and a New York City Board of Education Resolution on the "Establishment of Policy on Provision of Translation and Interpretation Services for Limited-English Speaking Parents." She seeks an order directing respondents to comply with the above provisions.  On June 28, 2004, petitioner�s request for interim relief was denied.

Respondents seek dismissal of petitioner�s federal claims on procedural grounds.  Respondents also contend, among other things, that the appeal is untimely and that they provide school related information to petitioner in Spanish and, therefore, are in compliance with applicable law.

The Commissioner 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 T.D., 43 Ed Dept Rep 83, Decision No. 14,927; Appeal of Baronti, 42 id. 140, Decision No. 14,802; Appeal of Schrader, 42 id. 47, Decision No. 14,771). In response to a request from my Office of Counsel, respondents report that Brenda has graduated from high school and petitioner has not refuted this information. Accordingly, petitioner�s appeal is moot (Appeal of T.D., supra; Appeal of Berkman, 43 Ed Dept Rep 71, Decision No. 14,921).

THE APPEAL IS DISMISSED.

END OF FILE.