Appeal of UNCOMMON NEW YORK CITY CHARTER SCHOOLS from action of the New York City Department of Education regarding school utilization.

Decision No. 18,386

(March 5, 2024)

Herrick, Feinstein LLP, attorneys for petitioner, Leah Kelman, Esq., of counsel

Hon. Sylvia Hinds-Radix, Corporation Counsel, attorney for respondent, Jeffrey S. Dantowitz, Esq., of counsel

ROSA., Commissioner,--Petitioner, Uncommon New York City Charter Schools, an education corporation with authority to operate Brownsville Collegiate Charter School (“BCCS”), challenges the New York City Department of Education’s (“DOE” or “respondent”) failure to offer petitioner a co-location site for the school in a public school building or space in a privately-owned or other publicly-owned facility at DOE’s expense and at no cost to the school, as required by Education Law § 2853 (3) (e).  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 [1980]).  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). 

Pursuant to 8 NYCRR 276.6 of the Commissioner’s regulations, I take administrative notice of records on file with the New York State Education Department reflecting that the Commissioner has already determined that petitioner is entitled to a co-location site or rental assistance for the grades at issue in this appeal (see Appeal of Uncommon New York City Charter Schools, 56 Ed Dept Rep, Decision No. 17,009; see also Appeal of Uncommon New York City Charter Schools, 62 Ed Dept Rep, Decision No. 18,220).  Accordingly, there is no further meaningful relief that can be granted, and the appeal must be dismissed.

 THE APPEAL IS DISMISSED.

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