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Decision No. 15,709

Appeal of E.D.E. and L.R.E., on behalf of their son J.E., from action of the Board of Education of the Thousand Islands Central School District regarding student discipline.

Decision No. 15,709

(January 14, 2008)

Conboy, McKay, Bachman & Kendall, LLP., attorneys for petitioners, Addie A.E. Jenne, Esq., of counsel

O’Hara, O’Connell & Ciotoli, Esqs., attorneys for respondent, Stephen Ciotoli and Celia E. Moore, Esqs., of counsel

MILLS, Commissioner.--Petitioners appeal the determination of the Board of Education of the Thousand Islands Central School District (“respondent”) to suspend their son, J.E., from school.  The appeal must be dismissed.

During the 2006-2007 school year, J.E. was a senior at respondent’s high school.  By letter dated January 3, 2007, the superintendent of schools suspended J.E. pursuant to Education Law §3214(3).  Respondent upheld the suspension and this appeal ensued.

As part of the relief sought, petitioners requested an interim order returning J.E. to school pending a final determination of the appeal.  Such relief was granted on March 9, 2007.  Pursuant to the interim order, J.E. completed his senior year and graduated on June 24, 2007.  Thereafter, the superintendent submitted an affidavit attesting that the student has graduated and that his files have been expunged of all disciplinary material, including that which gave rise to this appeal.

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).  As J.E. returned to school pursuant to the March 9, 2007 interim order, graduated and his records have been expunged, the matter is academic and the appeal is moot.

In view of this disposition, I need not address the parties’ other contentions.