Appeals of C.T. and H.T., on behalf of their child, from action of the Board of Education of the West Irondequoit Central School District regarding the Dignity for All Students Act and homebound instruction.

Decision No. 18,611

(July 29, 2025)

J. Morgan Levy Firm, PLLC, attorneys for petitioners, J. Morgan Levy, Esq., of counsel

Ferrara Fiorenza PC, attorneys for respondent, Lindsay A.G. Plantholt, Esq., of counsel

ROSA., Commissioner.--In two separate appeals, petitioners challenge alleged acts and omissions of the Board of Education of the West Irondequoit Central School District (“respondent”) in connection with a Dignity for All Students Act (“Dignity Act”) complaint and the denial of their request for homebound instruction.  Because these appeals present similar issues of fact and law, they are consolidated for decision.  The appeals must be dismissed. 

With respect to their Dignity Act appeal, petitioners have filed a lawsuit in federal court concerning the same alleged acts and omissions that seeks similar relief.  Under these circumstances, it would be contrary to the orderly administration of justice for the Commissioner to decide issues that petitioner has elected to raise in federal court (see Appeal of D.S., 57 Ed Dept Rep, Decision No. 17,171; Appeal of a Student with a Disability, 49 id. 180, Decision No. 15,991; Appeal of T.G. and R.G., 46 id. 95, Decision No. 15,451).[1]

Additionally, the homebound instruction 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).  Petitioner requested homebound instruction “for the remainder of the 2024-2025 academic year,” which has ended.  Therefore, I can no longer award petitioners any meaningful relief and the appeal must be dismissed as moot (Appeal of M.F.G., 64 Ed Dept Rep, Decision No. 18,562; Appeal of Campbell, 64 id., Decision No. 18,554; Appeal of McGraw, 64 id., Decision No. 18,452).[2]

THE APPEALS ARE DISMISSED.

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