Appeal of N.J., on behalf of her granddaughter A.S., from action of the Board of Education of the Greece Central School District regarding residency.

Decision No. 15,421

(June 30, 2006)

Harter, Secrest & Emery, LLP, attorneys for respondent, Rebecca E. Graf, Esq., of counsel

MILLS, Commissioner.--Petitioner appeals the determination of the Board of Education of the Greece Central School District ("respondent") that her granddaughter, A.S., is not a district resident.  The appeal must be dismissed.

In January 2006, petitioner and A.S.'s mother ("S.S.") sought to enroll A.S. in respondent's schools.  On January 9, 2006, respondent's designee for residency determinations denied the enrollment request. S.S. was afforded the opportunity to submit additional documentation regarding A.S.'s residency.

By letter dated January 11, 2006, S.S. asserted that she had transferred physical custody and control of A.S. to petitioner because she was unable to handle A.S.'s behavioral problems.  S.S. further stated that she continues to provide some clothing and financial support for A.S.'s care but that petitioner is responsible for food and other necessities.  S.S. also indicated that A.S. visits her every weekend, during school recess and on other occasions.

On January 12, 2006, respondent's designee notified S.S. of his determination that A.S. was not a district resident.  This appeal ensued.  Petitioner's request for interim relief was granted on January 26, 2006. 

By letter dated March 13, 2006, petitioner requested permission to submit an Order Appointing Guardian of the Person from the Monroe County Family Court, dated March 9, 2006, appointing petitioner as guardian of A.S.  Pursuant to �276.5 of the Commissioner's regulations, I have accepted the submission.

By letter dated May 22, 2006, respondent withdrew its opposition to the petition based on petitioner's status as legal guardian of A.S. and indicated that the district has treated A.S. as a resident of the district for purposes of her attendance at school.

The appeal must be dismissed as moot.  The Commissioner will only decide matters in actual controversy and will not render a decision on a state of facts which no longer exist or which subsequent events have laid to rest (Appeal of B.K. and R.K., 44 Ed Dept Rep 195, Decision No. 15,146; Appeal of V.L., 44 id. 160, Decision No. 15,132; Appeal of Garvin, 44 id. 30, Decision No. 15,087).  Given respondent's decision to withdraw its opposition and treat A.S. as a district resident, petitioner has obtained the relief she seeks.  Accordingly, the matter is moot and the appeal must be dismissed (Appeal of McLean, 45 Ed Dept Rep 109, Decision No. 15,273).

THE APPEAL IS DISMISSED.    

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