Appeal of LAWRENCE LOMBARDO from action of the Board of Education of the Lynbrook Union Free School District regarding training.

Decision No. 15,200

(April 6, 2005)

Ehrlich, Frazer & Feldman, attorneys for respondent, Michael Perna, Esq., of counsel

MILLS, Commissioner.--Petitioner, a district resident, appeals the determination of the Board of Education of the Lynbrook Union Free School District ("respondent") to exclude him from training sessions for members of the district's Compact Team. The appeal must be dismissed.

Petitioner requested to participate in the district's training for Compact Team members. The superintendent and another district official denied his requests. He contends that since the training is being held in a district building, attendance at the training cannot be restricted. Petitioner's request for interim relief to participate in the district's training session on November 30, 2004 was denied on November 30, 2004.

The appeal must be dismissed as moot. The Commissioner of Educ ation will only consider 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 E.M., 44 Ed Dept Rep 156, Decision No. 15,130).  Because petitioner's stay request was denied and the training has already taken place, no further meaningful relief can be granted.

In light of this disposition, I need not address the parties' remaining contentions.

THE APPEAL IS DISMISSED.

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