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Decision No. 14,789

Appeal of R.C., on behalf of her son C.C., from action of the Board of Education of the City School District of the City of Saratoga Springs regarding residency.

Decision No. 14,789

(August 22, 2002)

Whiteman, Osterman & Hanna, attorneys for respondent, Beth Bourassa, Esq., of counsel

MILLS, Commissioner.--Petitioner appeals a determination of the Board of Education of the City School District of the City of Saratoga Springs ("respondent") that she is not a district resident and that her son, C.C., may not attend respondent"s schools. The appeal must be dismissed.

C.C. was enrolled in respondent"s schools in February 2000. At that time petitioner stated in the registration form that she had legal custody of C.C. and listed a residential address within respondent"s district. C.C."s father also lived within respondent"s district, and two older children lived with him. In March 2002, when C.C. was in second grade, petitioner notified elementary school staff that she had moved to an address in the Corinth Central School District ("Corinth"). She submitted a request to keep C.C. in respondent"s elementary school until June 2002 because her babysitter lived within the school"s attendance zone. By letter dated March 27, 2002, respondent advised petitioner that C.C. was no longer eligible to attend district schools and that he would be excluded as of April 22, 2002. This appeal ensued. Petitioner"s request for interim relief was granted on April 30, 2002.

Petitioner asserts that she and C.C."s father share joint custody of C.C., that the father lives within respondent"s district, and that C.C. is therefore entitled to attend respondent"s schools. Respondent contends that C.C. actually lives with petitioner within the Corinth district and that C.C. does not reside jointly with both parents. Respondent therefore concludes that C.C. cannot claim residence with his father in order to attend respondent"s school.

Respondent further contends that this appeal is now moot, because petitioner withdrew C.C. from his Saratoga Springs elementary school and registered him in a school in Corinth. I agree. C.C."s last day in respondent"s school was April 12, 2002. Although petitioner requested and received interim relief on April 30, 2002 permitting C.C. to remain in respondent"s school until disposition of the appeal, respondent reports that petitioner registered C.C. in a Corinth school on or about May 1, 2002. On May 6, C.C."s Saratoga Springs elementary school received a request from Corinth for C.C."s education records. The elementary building secretary confirmed with Corinth officials that petitioner had enrolled C.C. in a Corinth school, and petitioner has not refuted this information. 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 Tyk, 42 Ed Dept Rep ___, Decision No. 14,759; Appeal of Gaul, et al., 40 id. 105, Decision No. 14,432).