Appeal of C.S. and A.S., on behalf of their child, from action of the Board of Education of the Brewster Central School District regarding student discipline.

Decision No. 18,455

(July 29, 2024)

Thomas, Drohan, Waxman, Petigrow & Mayle, LLP, attorneys for respondent, Allison E. Smith, Esq., of counsel

ROSA., Commissioner.--Petitioners appeal the decision of the Board of Education of the Brewster Central School District (“respondent”) to suspend their 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).  The record reflects that respondent has expunged the suspension at issue in this appeal from the student’s record.  As such, no further relief may be granted and the appeal must be dismissed (Appeal of L.P., 63 Ed Dept Rep, Decision No. 18,369; Appeal of K.U., 62 id., Decision No. 18,156; Appeal of a Student with a Disability, 58 id., Decision No. 17,515).

In light of this disposition, I need not address the parties’ remaining contentions.

THE APPEAL IS DISMISSED.

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