Skip to main content

Decision No. 15,811

Appeal of MINDY PICKARD, on behalf of her son CLAYTON, from action of the Board of Education of the Onteora Central School District regarding transportation.

Decision No. 15,811

(August 6, 2008)

Donoghue, Thomas, Auslander & Drohan, LLP, attorneys for respondent, Bryn Sarvis Pace, Esq., of counsel

MILLS, Commissioner.--Petitioner appeals the determination of the Board of Education of the Onteora Central School District (“respondent”) denying her request to transport her son to a nonpublic school.  The appeal must be dismissed.

Petitioner admits that she submitted her request for transportation after the statutory April 1 deadline, but argues that she had a reasonable explanation for her delay.  Respondent disputes that petitioner had a reasonable explanation for the delay and maintains that the requested transportation would result in additional costs to 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 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).  Since petitioner only sought transportation for the 2007-2008 school year, and that year has ended, petitioner’s transportation request is moot.