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Decision No. 15,636

Appeal of P.W., on behalf of her daughter B.W., from action of the Board of Education of the Malverne Union Free School District regarding residency.

Decision No. 15,636

(August 16, 2007)

Ehrlich, Frazer & Feldman, attorneys for respondent, Elvira Messina, Esq., of counsel

MILLS, Commissioner.--Petitioner appeals the determination of the Board of Education of the Malverne Union Free School District (“respondent”) that her daughter, B.W., is not homeless within the meaning of the McKinney-Vento Homeless Assistance Act (42 USC §11431 etseq.).

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 C.A., Sr., 45 Ed Dept Rep 388, Decision No. 15,360; Appeal of the New York Charter Schools Assn., Inc., et al., 45 id. 376, Decision No. 15,355; Appeal of the Bd. of Trustees of the N. Merrick Public Library, et al., 45 id. 363, Decision No. 15,350).  Respondent submitted a consent for release of student records form regarding B.W. that it received from a school district in Pennsylvania.  On June 26, 2007, petitioner signed the form which indicates that her family has moved.  Thus, B.W.’s residency is no longer at issue because petitioner voluntarily enrolled her daughter in a school outside respondent's district.  Accordingly, the appeal is moot.