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Decision No. 15,240

Appeal of SYBIL JORDAN, on behalf of her daughter ANITA JONES, from action of the Board of Education of the Sewanhaka Central High School District regarding residency.

Decision No. 15,240

(July 14, 2005)

Douglas E. Libby and Bernadette Gallagher-Gaffney, Esqs., attorneys for respondent


MILLS, Commissioner.--Petitioner appeals the determination of the Board of Education of the Sewanhaka Central High School District ("respondent") that her daughter, Anita Jones, is not a district resident. The appeal must be dismissed.

In August 2000, petitioner and her husband registered Anita in the district's schools listing their residence as Goshen Street, Elmont, within the district. By letter dated November 29, 2004, the superintendent's administrative assistant notified petitioner and her husband that Anita was not entitled to attend the district's schools based on "actual residence elsewhere," and that she would be excluded from school effective December 13, 2004.

Petitioner appealed and a hearing was held at the district on January 4, 2005. Following the hearing, the review officer determined that petitioner and her daughter did not reside in the district. This appeal ensued. Petitioner's request for interim relief was granted on March 7, 2005.

Petitioner asserts that she resides at Goshen Street with her husband and daughter. Respondent asserts that petitioner is residing outside the district.

The appeal must be dismissed as moot. 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 B.K. and R.K., 44 Ed Dept Rep 195, Decision No. 15,146; Appeal of V.L., 44 id. 160, Decision No. 15,132; Appeal of Garvin, 44 id. 30, Decision No. 15,087). For relief, petitioner requests that her daughter be permitted to attend school in respondent's district through the end of the 2004-2005 school year. Because the school year has ended and petitioner received the relief she sought through the interim order, the matter is moot and the appeal must be dismissed (Appeal of Welch, 44 Ed Dept Rep 57, Decision No. 15,097).