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Decision No. 15,087

Appeal of ALEISHA L. GARVIN, on behalf of her daughter JAZMYNE GARVIN ARCHER, from action of the Board of Education of the Uniondale Union Free School District regarding transportation.



(July 16, 2004)


Ingerman Smith, L.L.P., attorneys for respondent, Lawrence W. Reich, Esq., of counsel


MILLS.--Petitioner appeals the denial by the Board of Education of the Uniondale Union Free School District ("respondent") of her request for her daughter"s transportation to a nonpublic school.  The appeal must be dismissed.

Petitioner and her daughter, Jazmyne, reside within respondent"s district.  Jazmyne attends the Portledge School, a nonpublic school in Locust Valley.  For the past nine years, including the 2003-2004 school year, respondent transported Jazmyne to the Portledge School.  By letter dated August 8, 2003, the district clerk notified petitioner that the Portledge School was "beyond the 15 mile limit for transportation" and denied petitioner"s transportation request for the 2003-2004 school year.  Thereafter, by letter dated August 12, 2003, the district clerk granted petitioner"s 2003-2004 transportation request without explanation.

By letter dated December 2003, the assistant superintendent for business affairs notified parents of students attending certain nonpublic schools, including the Portledge School, that the schools were beyond the district"s 15 mile transportation limitation.  Petitioner received that notice.  The letter stated that "[a]lthough transportation has been provided to the above schools in the past, beginning with the 2004-2005 school year we will no longer do so."  This appeal ensued.  Petitioner"s request for interim relief was denied on February 23, 2004.

On May 18, 2004, the assistant superintendent for business affairs notified petitioner:

Another mileage check was conducted to determine the distance from your residence to the Portledge School in Locust Valley, New York.  As a result, it has been established that the school is less than 15 miles away and your child, Jazmyne Archer, will be eligible for transportation for the 2004-05 school year.

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 Schuler, 43 Ed Dept Rep ___, Decision No. 15,058; Appeal of Baldauf, 43 id. ___, Decision No. 15,049).  Respondent concedes that petitioner resides within 15 miles of the Portledge School and that Jazmyne is eligible for transportation for the 2004-2005 school year.  Since respondent has agreed to provide the requested transportation and petitioner seeks no further relief, the appeal is moot.