Appeal of N.L., on behalf of her child, from action of the Board of Education of the Freeport Union Free School District regarding residency and homelessness.

Decision No. 18,595

(July 21, 2025)

Ingerman Smith, L.L.P., attorneys for respondent, Steven A. Goodstadt, Esq., of counsel

ROSA., Commissioner.--Petitioner challenges the determination of the Board of Education of the Freeport Union Free 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., “McKinney-Vento”).  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 which no longer exist or which subsequent events have laid to rest (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).

For relief, petitioner requests only that the student be allowed to complete the 2024-2025 school year in respondent’s district.  After commencement of this appeal in January 2025, respondent maintained the student’s enrollment under the automatic stay provisions of McKinney-Vento (42 USC § 11432 [g] [3] [E] [i]) and State law (Education Law § 3209 [5] [c]).  There is no evidence in the record that the student was improperly excluded from respondent’s schools during the pendency of this appeal through the remainder of the school year. Thus, petitioner has received all of her requested relief, and the appeal must be dismissed (Appeal of N.P., 58 Ed Dept Rep, Decision No. 17,485; Appeal of A.L., 58 id., Decision No. 17,442; Appeal of J.S., 57 id., Decision No. 17,134).

THE APPEAL IS DISMISSED.

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