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Decision No. 16,067

Appeal of ANTONITTE MOSELEY, on behalf of her son JASON, from action of the Board of Education of the Sewanhaka Central High School District regarding residency.

Decision No. 16,067

(May 27, 2010)

Douglas E. Libby, Esq., attorney for respondent, Bernadette Gallagher-Gaffney, Esq., of counsel

STEINER, Commissioner.--Petitioner challenges the determination of the Board of Education of the Sewanhaka Central High School District (“respondent”) that her son, Jason, is not a district resident.  The appeal must be dismissed.

Petitioner registered Jason in respondent’s schools on July 18, 2006, providing an in-district address.  On April 30, 2009, the district notified petitioner that Jason was not eligible to attend respondent’s schools and would be excluded.  The district conducted an administrative review on May 29, 2009, and by letter dated July 23, 2009, notified petitioner that Jason would be excluded from respondent’s schools in the fall. This appeal ensued.  Petitioner’s request for interim relief was denied on August 27, 2009. 

Petitioner reapplied for Jason’s admission on September 14, 2009.  The district denied his admission by letter dated September 17, 2009.  Petitioner appealed and an administrative review was conducted on September 21, 2009.  By letter dated September 22, 2009, the district conditionally admitted Jason, pending verification of continued physical presence.  The letter indicated that the district would periodically verify Jason’s residence and petitioner should notify the district if their residence or circumstances should change.   

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 Tine, 46 Ed Dept Rep 579, Decision No. 15,600; Appeal of N.C., 46 id. 358, Decision No. 15,532; Appeal of Lombardo, 46 id. 282, Decision No. 15,508).  Petitioner appeals respondent’s July 23, 2009 determination.  Since that time, petitioner reapplied for Jason’s admission, a new administrative review was held and respondent readmitted Jason to the district’s schools, albeit subject to periodic verification of residency.  Should respondent later exclude Jason based on changed circumstances and/or a subsequent residency determination, petitioner may commence a new appeal at that time.