Appeal of F.C., on behalf of her child, from action of the Board of Education of the Jamesville-Dewitt Central School District regarding residency and homelessness.

Decision No. 18,593

(July 21, 2025)

Bond, Schoeneck & King, PLLC, attorneys for respondent, Kate I. Reid, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals a determination of the Board of Education of the Jamesville-Dewitt Central School District (“respondent”) that her child (the “student”) is not homeless within the meaning of the McKinney-Vento Homeless Assistance Act (42 USC § 11431 et seq.).  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).

For relief, petitioner seeks the student’s admission to respondent’s schools for the 2024-2025 school year, which has ended.  Accordingly, there is no further relief that may be granted, and the appeal must be dismissed as moot (Appeal of D.D. and M.D., 59 Ed Dept Rep, Decision No. 17,731; Appeal of N.P., 58 id., Decision No. 17,485).

THE APPEAL IS DISMISSED.

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