Appeal of T.S., on behalf of her child, from action of the Board of Education of the Longwood Central School District regarding immunization.

Decision No. 18,583

(July 7, 2025)

Ingerman Smith, LLP, attorneys for respondent, Michael G. McAlvin, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals the decision of the Board of Education of the Longwood Central School District (“respondent”) that her child (the “student”) is not entitled to a medical exemption from the immunization requirements of Public Health Law (“PHL”) § 2164.  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 student was excluded from school for his failure to receive the meningococcal vaccine. The student subsequently received this vaccination and was reenrolled on or about January 21, 2025.  Accordingly, there is no further relief that can be granted and the appeal must be dismissed (Appeal of D.M., 64 Ed Dept Rep, Decision No. 18,481; Appeal of F.W., 63 Ed Dept Rep, Decision No. 18,396; Appeal of N.G., 62 id., Decision No. 18,280).

THE APPEAL IS DISMISSED.

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