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Decision No. 18,387

Appeal of S.J., on behalf of his child, from action of the Board of Education of the Afton Central School District regarding student discipline.

Decision No. 18,387

(March 5, 2024)

Tully Rinckey, PLLC, attorneys for petitioner, Amanda L. Smith, Esq., of counsel

Ferrara Fiorenza PC, attorneys for respondent, Cameron B. Daniels, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals the decision of the Board of Education of the Afton Central School District (“respondent”) to impose discipline upon his 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, and the imposed suspension ended June 13, 2023.  Petitioner does not seek expungement of the suspension from the student’s record.  Accordingly, there is no further meaningful 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).