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Decision No. 15,097

Appeal of TANISHA WELCH, on behalf of her daughter MEDINA, from action of the Board of Education of the Baldwin Union Free School District regarding residency.


Decision No. 15,097


(August 13, 2004)


Ingerman Smith LLP, attorneys for respondent, Susan M. Gibson, Esq., of counsel


MILLS, Commissioner.--Petitioner appeals the determination of the Board of Education of the Baldwin Union Free School District ("respondent") that her daughter Medina is not a district resident.  The appeal must be dismissed.

     Petitioner alleges that she and her daughter were forced to move from their residence in the district to a location outside the district because the person they were residing with moved out of state.  Petitioner alleges that she has been trying to find another residence within the district but has been unable to do so.  Petitioner states that she hopes to find a residence in the district by September and asks that Medina be permitted to complete the 2003-2004 school year in respondent"s district.

     Respondent contends that its residency determination is neither arbitrary, capricious nor unreasonable and that the appeal should be dismissed as moot.

     The appeal must be dismissed as moot.  The Commissioner will only consider 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 Swanson, 39 Ed Dept Rep 312, Decision No. 14,247; Appeal of Foshee, 38 id. 346, Decision No. 14,051).  For relief, petitioner asks that her daughter  be permitted to attend respondent's schools for the balance of the 2003-2004 school year.  On June 8, 2004, an interim order was granted directing respondent to admit Medina to the schools of the district pending an ultimate determination of this appeal.  Because the 2003-2004 school year has ended and petitioner has obtained the relief she seeks, the matter is moot and the appeal must be dismissed (Appeal of D'Angelo, 39 Ed Dept Rep 849, Decision No. 14,399; Appeal of Lascala, 38 id. 16, Decision No. 13,974).