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Decision No. 13,174

Appeal of CLIFFORD J. HOUSE, on behalf of his daughter, ELIZABETH, from action of the Baldwinsville Central School District with respect to class placement.

Decision No. 13,174

(May 9, 1994)

O'Hara & O'Connell, P.C., attorneys for respondent, Dennis G. O'Hara, Esq., of counsel

SOBOL, Commissioner.--Petitioner appeals a determination of Thomas F. McGowan, Superintendent of Schools of respondent Baldwinsville Central School District, to place petitioner's daughter in an eighth grade class composed of students following both Regents and local curricula. Because of the difficulties his daughter encountered doing Regents level work during the previous school year, petitioner requested that she be placed exclusively in classes following a local curriculum during 1993-1994. The appeal must be dismissed.

Respondent's answer indicates that, since the commencement of this appeal, respondent board has granted the relief sought in the petition by placing petitioner's daughter in eighth grade classes which exclusively follow a locally established curriculum. Respondent asserts that, as a result, this appeal is now moot.

Petitioner has not served a reply disputing any of the statements made in respondent's answer, so I must accept the truth of the matters set forth therein. As a result, the appeal is moot and must be dismissed (see Appeal of Canazon, 33 Ed Dept Rep 124; Appeal of Impellizzeri, 32 id. 26; Appeal of Sileo, 28 id. 313).