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Decision No. 16,188

Appeal of a STUDENT WITH A DISABILITY, by his parent, from action of the Board of Education of the City School District of the City of Mount Vernon regarding residency.

Decision No. 16,188

(January 10, 2011)

Aiello & Cannick, attorneys for respondent, Jennifer A.   Arditi, Esq., of counsel

STEINER, Commissioner.--Petitioner appeals the determination of the Board of Education of the City School District of the City of Mount Vernon (“respondent”) that her son is not a resident entitled to attend the district’s schools tuition-free.  The appeal must be dismissed.

Petitioner asserts that respondent refused to permit her son to continue to attend school in the district based on its residency determination and that respondent failed to follow required procedures for making residency determinations. 

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 a Student with a Disability, 48 Ed Dept Rep 532, Decision No. 15,940; Appeal of M.M., 48 id. 527, Decision No. 15,937; Appeal of Embro, 48 id. 204, Decision No. 15,836). 

Subsequent to the filing of this appeal, respondent’s counsel submitted an affirmation indicating that petitioner’s son was reinstated to school based upon the district’s failure to comply with the requirements of §100.2(y) of the Commissioner’s regulations.  Therefore, the instant matter is moot and the appeal must be dismissed.  Should respondent subsequently issue a residency determination that petitioner wishes to challenge, she may commence a new appeal at that time.