Decision No. 18,050
Appeal of M.R.W., on behalf of her child, from action of the Board of Education of the Smithtown Central School District regarding immunization.
Decision No. 18,050
(September 29, 2021)
Ingerman Smith, LLP, attorneys for respondent, Steven A. Goodstadt, Esq., of counsel
ROSA., Commissioner.--Petitioner challenges the determination of the Board of Education of the Smithtown Central School District (“respondent”) that her child (the “student”) is not entitled to a medical exemption from the immunization requirements of Public Health Law (“PHL”) § 2164. The appeal must be dismissed.
Given the disposition of this appeal, a detailed recitation of the facts is unnecessary. At all times relevant to this appeal, the student attended respondent’s schools. On or about September 20, 2019, petitioner submitted a request for a medical exemption from the immunization requirements of PHL § 2164 on behalf of the student. By letter dated January 7, 2020, respondent denied the request and informed petitioner that proof of immunization must be submitted within 30 calendar days or the student would be excluded from school. This appeal ensued. Petitioner’s request for interim relief was denied on February 12, 2020.
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 that no longer exists due to the passage of time or a change in circumstances (Appeal of Sutton, 57 Ed Dept Rep, Decision No. 17,331; Appeal of a Student with a Disability, 48 id. 532, Decision No. 15,940; Appeal of M.M., 48 id. 527, Decision No. 15,937; see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 ). Where the Commissioner can no longer award a petitioner meaningful relief on his or her claims, no live controversy remains and the appeal must be dismissed (Appeal of R.B., 57 Ed Dept Rep, Decision No. 17,394; Appeal of N.C., 40 id. 445, Decision No. 14,522). The record reflects that, after filing this appeal, petitioner submitted a registration form to reenroll the student in respondent’s district. By affirmation dated August 12, 2021, respondent indicated that the student is in process to receive the required immunizations (see 10 NYCRR 66-1.1 [j]) and permitted to enroll in the district. Given these subsequent events, no further meaningful relief remains to be awarded and the appeal must be dismissed (see Appeal of D.T., 60 Ed Dept Rep, Decision No. 17,998; Appeal of J.J., 50 id., Decision No. 17,817).
THE APPEAL IS DISMISSED.
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