Appeal of B.M., on behalf of her child, from action of the Board of Education of the Farmingdale Union Free School District regarding residency and homelessness.

Decision No. 18,656

(November 18, 2025)

Guercio & Guercio LLP, attorneys for respondent, Anthony J. Fasano and Stephanie A. Denzel, Esqs., of counsel

ROSA., Commissioner.--Petitioner appeals a determination of the Board of Education of the Farmingdale Union Free School District (“respondent”) that her child (the “student”) is not homeless within the meaning of the McKinney-Vento Homeless Assistance Act.  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).

During the pendency of this appeal, respondent rescinded its determination that the student was not homeless and allowed the student to continue attending its schools as a homeless student.  Accordingly, there is no further meaningful relief that can be granted and the appeal must be dismissed (see Appeal of V.H., 65 Ed Dept Rep, Decision No. 18,577; Appeal of He, 57 id., Decision No. 17,299; Appeal of R.S. and C.C., 45 id. 1, Decision No. 15,239).

THE APPEAL IS DISMISSED.

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