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Decision No. 18,379

Appeal of D.V., on behalf of her child, from action of the Board of Education of the Spencerport Central School District regarding student discipline.

Decision No. 18,379

(February 13, 2024)

Harris Beach PLLC, attorneys for respondent, Sara E. Visingard, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals the decision of the Board of Education of the Spencerport Central School District (“respondent”) to impose discipline upon her child (the “student”).  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 that no longer exists due to the passage of time or a change in circumstances (Appeal of Sutton, 57 Ed Dept Rep, Decision No. 17,331; Appeal of a Student with a Disability, 48 id. 532, Decision No. 15,940; Appeal of M.M., 48 id. 527, Decision No. 15,937; see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]).  Where the Commissioner can no longer award a petitioner meaningful relief on his or her claims, no live controversy remains and the appeal must be dismissed (Appeal of R.B., 57 Ed Dept Rep, Decision No. 17,394; Appeal of N.C., 40 id. 445, Decision No. 14,522). 

Petitioner’s request for interim relief was denied on November 27, 2023, and the imposed suspension ended December 5, 2023.  Petitioner does not seek expungement of the suspension from the student’s record.  Additionally, respondent has agreed to provide petitioner access to the student’s records—the only other relief sought on appeal.  Accordingly, there is no further relief that can be granted (Appeal of J.Q., 59 Ed Dept Rep, Decision No. 17,739; Appeal of S.K., 57 id., Decision No. 17,339).