Decision No. 18,544
Appeal of B.E., on behalf of her child, from action of the Board of Education of the City School District of the City of Buffalo regarding student discipline.
Decision No. 18,544
(January 28, 2025)
Buffalo Public Schools Office of Legal Counsel, Deonna Jones, Esq., attorney for respondent
ROSA., Commissioner.--Petitioner challenges a determination of the Board of Education of the City School District of the City of Buffalo (“respondent”) imposing discipline on 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).
Following the commencement of this appeal, respondent elected to expunge any reference to the student’s suspension from his record. Thus, no further meaningful relief can be granted and the appeal must be dismissed (Appeal of D.M., 64 Ed Dept Rep, Decision No. 18,460; Appeal of J.Q., 59 id., Decision No. 17,739; Appeal of S.K., 57 id., Decision No. 17,339).
In light of this disposition, I need not address the parties’ remaining contentions.
THE APPEAL IS DISMISSED.
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