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Decision No. 15,646

Appeal of S.K. from action of the Board of Education of the Albion Central School District regarding transportation and residency.

Decision No. 15,646

(August 22, 2007)

David W. Lippitt, Esq., attorney for respondent

MILLS, Commissioner.--Petitioner appeals the determination of the Board of Education of the Albion Central School District (“respondent”) that she is not homeless within the meaning of the McKinney-Vento Homeless Assistance Act (42 USC §11431 etseq., “McKinney-Vento”) and, therefore, is not entitled to continue to attend the district’s schools or to receive transportation.  This appeal must be dismissed.

In October 2006, petitioner’s guardians enrolled her in respondent’s schools based on their residence within the district.  When petitioner moved in with a friend in the Brockport Central School District, petitioner sought to continue her enrollment in respondent’s schools as a homeless unaccompanied youth and requested transportation between the Brockport address and respondent’s schools.  The request was verbally denied on May 2, 2007.  This appeal ensued.  Petitioner’s request for interim relief was granted on May 18, 2007.

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).  The State Education Department’s Homeless Education Office has been notified that as of June 1, 2007, petitioner is residing within respondent’s school district.  Therefore, the appeal is moot.

Although the appeal is dismissed on procedural grounds, I remind respondent of its responsibilities with respect to homeless unaccompanied youths under McKinney-Vento and corresponding Commissioner’s regulations.