Appeal of JULIANA WEIL, on behalf of her children, from action of the Board of Education of the Orchard Park Central School District regarding residency.

Decision No. 18,630

(August 12, 2025)

Rupp Pfalzgraf LLC, attorneys for petitioner, Jill L. Yonkers and Margaret J. Drzewiecki, Esqs., of counsel

Hodgson Russ LLP, attorneys for respondent, Andrew J. Freedman, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals the determination of the Board of Education of the Orchard Park Central School District (“respondent”) that her two children (the “students”) are not district residents.  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).

Although respondent issued an adverse residency decision on February 27, 2025, it allowed the students to remain enrolled in the district through the end of the 2024-2025 school year.  Respondent indicates on appeal that petitioner may request the students’ enrollment for the upcoming 2025-2026 school year. If Petitioner so elects, respondent “will not use its prior determination to bar such application” and “will consider any new evidence presented … that establishes the [s]tudents’ residency and entitlement to enrollment.”  Given these representations, I find that the parties would be better served by a present evaluation of petitioner’s living circumstances than adjudication of a prior set of facts that may no longer exist (Appeal of G.D. and D.D., 59 Ed Dept Rep, Decision No. 17,797 [observing that “statuses such as residency and homelessness … may be fluid in nature”]).  Therefore, the appeal is dismissed without prejudice to petitioner’s right to reapply for admission to respondent’s district for the 2025-2026 school year.

THE APPEAL IS DISMISSED.

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