Appeal of a STUDENT WITH A DISABILITY, by her legal guardian, from action of the Board of Education of the City School District of the City of Syracuse regarding interscholastic athletics.

 

 

(February 2, 2004)

 

John C. Black, Jr., Esq., attorney for respondent

 

MILLS, Commissioner.--Petitioner challenges the refusal of the Board of Education of the City School District of the City of Syracuse ("respondent") to allow her child to participate on the interscholastic swim team at Henninger High School.  The appeal must be dismissed.

The Commissioner will only decide matters in actual controversy and will not render a decision on a state of facts which no longer exists or which subsequent events have laid to rest (Appeal of K.M., 41 Ed Dept Rep 318, Decision No. 14,699; Appeal of N.B., 40 id. 515, Decision No. 14,542; Appeal of N.C., 40 id. 445, Decision No. 14,522).  Here, petitioner seeks to have her child participate on the girls" interscholastic swim team for the Fall 2003 season.

Because the girls" Fall 2003 swim season has ended, and no meaningful relief can be granted, petitioner"s appeal is moot (Appeal of K.M., supra; Appeal of D.C., 41 Ed Dept Rep 277, Decision No. 14,684; Appeal of Camille S., 39 id. 574, Decision No. 14,316).

 

THE APPEAL IS DISMISSED.

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