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Decision No. 15,940

Appeal of a STUDENT WITH A DISABILITY, by his parent, from action of the Board of Education of the East Irondequoit Central School District regarding residency.

Decision No. 15,940

(June 30, 2009)

Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., attorneys for respondent, Donald E. Budmen, Esq., of counsel

MILLS, Commissioner.--Petitioner appeals the determination of the Board of Education of the East Irondequoit Central School District ("respondent") that her son is not a district resident entitled to attend its schools tuition-free.  The appeal must be dismissed.

Petitioner’s son, a student with disability, has attended respondent’s schools since the beginning of the 2008-2009 school year.  After letters sent to petitioner at her listed, in-district address were returned as undeliverable, the district initiated a residency investigation and discovered that petitioner and her son were no longer residing in the district.   By letter dated April 1, 2009, the District Registrar notified petitioner that her son would be dropped from the attendance rolls effective April 6, 2009.

By letter dated April 6, 2009, petitioner requested that her son be permitted to remain in respondent’s school for the remainder of the 2008-2009 school year.  Respondent’s Assistant School Business Administrator denied the request and this appeal ensued.  Petitioner’s request for interim relief was granted on April 20, 2009. 

Petitioner admits that she and her son are not district residents, but seeks permission for her son to attend respondent’s schools tuition-free for the remainder of the 2008-2009 school year.  Respondent contends, among other things, that petitioner’s son is not entitled to attend its schools tuition-free since he is not a district resident and is not otherwise eligible for a residency waiver under respondent’s nonresidency policy.

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 Tine, 46 Ed Dept Rep 579, Decision No. 15,600; Appeal of N.C., 46 id. 358, Decision No. 15,532; Appeal of Lombardo, 46 id. 282, Decision No. 15,508).  Petitioner only seeks permission for her son to attend respondent’s schools tuition-free for the remainder of the 2008-2009 school year. Since the 2008-2009 school year has ended, the appeal is moot.

THE APPEAL IS DISMISSED.