Appeal of V.H., on behalf of her children, from action of the Board of Education of the Coxsackie-Athens Central School District regarding residency and homelessness.

Decision No. 18,577

(July 2, 2025)

Ferrara Fiorenza PC, attorneys for respondent, James A. Gregory, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals the decision of the Board of Education of the Coxsackie-Athens Central School District (“respondent”) that her two children (the “students”) are not homeless within the meaning of the McKinney-Vento Homeless Assistance Act (42 USC § 11431 et seq., “McKinney-Vento”) and, therefore, are not entitled to attend the district’s school and receive transportation.  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). 

During the pendency of this appeal, respondent determined that the students were homeless.  Counsel for respondent has submitted an affirmation confirming that the students are enrolled and being transported to respondent’s district—the only other relief sought on appeal.  Accordingly, there is no further meaningful relief that can be granted and the appeal must be dismissed (see Appeal of He, 57 Ed Dept Rep, Decision No. 17,299; Appeal of R.S. and C.C., 45 id. 1, Decision No. 15,239).

THE APPEAL IS DISMISSED.

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