Appeal of DAVID and YVONNE SPRECKELS, on behalf of a child, from action of the Board of Education of the Smithtown Central School District regarding transportation.

Decision No. 18,485

(August 28, 2024)

Ingerman Smith, L.L.P., attorneys for respondent, Ellen M. Vega, Esq., of counsel

ROSA., Commissioner.--Petitioners appeal a determination of the Board of Education of the Smithtown Central School District (“respondent”) denying a child (the “student”) transportation to a nonpublic school.  The appeal must be dismissed as moot.

Petitioners requested transportation to a nonpublic school on behalf of the student, who is a citizen of another country.  At the time thereof, the student lived with petitioners through a private exchange program.  Respondent denied the request on the basis that the student was not a district resident.  This appeal ensued.  Petitioners’ request for interim relief was denied on November 27, 2023.

Petitioners argue that the student is entitled to transportation because she lives with petitioners at their home within respondent’s district.

Respondent argues that the student is not entitled to transportation because she is not a resident or participating in a board-approved exchange program.  

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 the student returned to her home country after June 2024.  There is no evidence in the record suggesting that she plans to return to respondent’s district.  As a result, there is no current dispute over the student’s entitlement to transportation and the appeal must be dismissed (Appeal of Manders, 62 Ed Dept Rep, Decision No. 18,295; Appeal of Simonis, 60 id., Decision No. 17,889; Appeal of Constantino Jr., 59 id., Decision No. 17,764).

THE APPEAL IS DISMISSED.

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