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Decision No. 15,775

Appeal of a STUDENT WITH A DISABIILTY, by her mother, from action of the Board of Education of the North Babylon Union Free School District regarding residency.

Decision No. 15,775

(July 9, 2008)

Guercio & Guercio, LLP, attorneys for respondent, Raymond G. Keenan, Esq., of counsel

AHEARN, Acting Commissioner.--Petitioner challenges the determination of the Board of Education of the North Babylon Union Free School District (“respondent”) that her daughter is not a district resident.  The appeal must be dismissed.

According to petitioner, she and her daughter resided in North Babylon within respondent’s district until February 18, 2005, when they moved out of the district.

Respondent began to suspect that petitioner no longer resided in the district when mail sent to the address on file was returned, marked “undeliverable”.  Respondent’s Coordinator of Pupil Personnel Services (“Coordinator”) contacted petitioner, at which point petitioner confirmed that she and her daughter had moved outside the district.  The Coordinator then informed petitioner in writing that a residency meeting would be held on February 29, 2008 to determine her daughter’s eligibility to continue attending respondent’s district.

At the meeting, petitioner confirmed that she and her daughter had moved out of the district on or about February 19, 2005. Petitioner urged the district to allow her daughter to complete the school year, due to her daughter’s disability.

By letter dated February 29, 2008, the Coordinator notified petitioner of his determination that her daughter was not a district resident and would not be permitted to attend the district’s schools effective March 7, 2008.  This appeal ensued. Petitioner’s request for interim relief was granted on April 7, 2008.

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 only relief that petitioner sought was for her daughter to finish the 2007-2008 school year in respondent’s district.  Since the school year is now over, the appeal is moot.