Appeal of RICHARD PANETTA from action of DIANE RAMOS-KELLY, Superintendent of the Valhalla Union Free School District, regarding a school board meeting agenda.

Decision No. 15,734

(April 3, 2008)

Shaw & Perelson, attorneys for respondent, Lisa M. Rusk, Esq., of counsel

MILLS, Commissioner.--Petitioner challenges the decision of the Superintendent of the Valhalla Union Free School District (“respondent”) denying his request to add an item to a school board meeting agenda.  The appeal must be dismissed.

By letter dated September 28, 2007, petitioner asked respondent to add an item to the October 2007 school board meeting agenda.  By letter dated October 18, 2007, respondent denied petitioner’s request.  This appeal ensued.

Petitioner contends that respondent was required to honor his request.  Petitioner appears to seek a determination finding that respondent violated the district’s regulation pertaining to school board meeting agendas.

Respondent asserts that the petition fails to state a claim upon which relief may be granted and fails to allege facts sufficient to support the relief requested.  Respondent also argues that the appeal is moot.

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 C.A., Sr., 45 Ed Dept Rep 388, Decision No. 15,360; Appeal of the New York Charter Schools Assn., Inc., et al., 45 id. 376, Decision No. 15,355; Appeal of the Bd. of Trustees of the N. Merrick Public Library, et al., 45 id. 363, Decision No. 15,350).  The October 2007 school board meeting has been held.  Moreover, the regulation upon which petitioner relies, is no longer in effect.  Accordingly, no meaningful relief can be granted and the appeal must be dismissed.

THE APPEAL IS DISMISSED.

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