Appeal of J.M., on behalf of her child, from action of the Board of Education of the South Huntington School District regarding immunization.

Decision No. 18,671

(January 13, 2026)

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

ROSA., Commissioner.--Petitioner appeals the decision of the Board of Education of the South Huntington School District (“respondent”) that her child (the “student”) is not entitled to a medical exemption from the immunization requirements of Public Health Law § 2164.  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 T.S., 65 Ed Dept, Decision No. 18,583; Appeal of Sutton, 57 id., Decision No. 17,331; Appeal of a Student with a Disability, 48 id. 532, Decision No. 15,940; 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).

On September 25, 2025, the student was excluded from school for his failure to receive an unspecified vaccination.  On or about September 30, 2025, petitioner provided respondent with confirmation that the student received this vaccination.  As a result, respondent permitted the student to continue attending classes in the district.  Accordingly, there is no further relief that can be granted and the appeal must be dismissed (Appeal of D.M., 64 Ed Dept Rep, Decision No. 18,481; Appeal of F.W., 63 id., Decision No. 18,396; Appeal of N.G., 62 id., Decision No. 18,280).

THE APPEAL IS DISMISSED.

END OF FILE