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Decision No. 13,493

Appeal of ADAM E. MILLER from action of the Board of Education of the Baldwin Union Free School District regarding student discipline.

Decision No. 13,493

(October 23, 1995)

Ingerman, Smith, Greenberg, Gross, Richmond, Heidelberger, Reich &

Scricca, Esqs., attorneys for respondent, Lawrence W. Reich,

Esq., of counsel

MILLS, Commissioner.--Petitioner appeals respondent's imposition of a one day in-school suspension. The appeal must be dismissed.

Petitioner is a high school student in respondent's district. On March 29, 1995, respondent's principal issued a one day in-school suspension to petitioner for cutting a class. The suspension was scheduled for April 3, 1995, but petitioner refused to serve it. In a letter dated April 4, 1995, the superintendent sustained the principal's suspension determination. This appeal was commenced on June 2, 1995. By letter dated June 6, 1995, petitioner was informed that the principal had withdrawn the suspension and would expunge petitioner's records. Petitioner's request for interim relief pending a determination on the merits was denied on June 21, 1995.

Petitioner alleges that his suspension is improper under King v. Farmer, 102 Misc 2d 620, 424 NYS2d 86. Respondent raises a number of procedural objections, including failure to state a cause of action, mootness and untimeliness.

Petitioner received a one day in-school suspension that was subsequently withdrawn by respondent. The Commissioner of Education will only decide matters which are in actual controversy and will not render a decision upon facts which no longer exist or which subsequent events have laid to rest (Appeal of Lanoir, 34 Ed Dept Rep 562; Application of a Child with a Handicapping Condition, 32 id. 9; Appeal of Impellizzeri, et al., 32 id. 26). In an affidavit dated August 15, 1995, respondent states that contrary to petitioner's assertions, it has expunged petitioner's student records. In view of the principal's withdrawal of petitioner's suspension and the expungement of his student records, there is no longer a controversy and the appeal must be dismissed as moot.

In light of the foregoing, I do not reach the merits of petitioner's claims.