Appeal of K.K., on behalf of her child, from action of the Board of Education of the Syosset Central School District regarding residency and homelessness.

Decision No. 18,673

(January 15, 2026)

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

ROSA., Commissioner.--Petitioner seeks a determination that her child (the “student”) is 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 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 petitioner seeks a determination that the student is homeless, there is no evidence in the record that the Board of Education of Syosset Central School District (“respondent”) made such a determination.  Instead, the record establishes that the student was excluded from respondent’s district for lack of the immunizations required by Public Health Law § 2164.[1]  Since that time, the student has been admitted to respondent’s schools.  Accordingly, the appeal must be dismissed as moot (Appeal of B.M., 65 Ed Dept Rep, Decision No. 18,656; Appeal of V.H., 65 id., Decision No. 18,577; Appeal of He, 57 id., Decision No. 17,299).

THE APPEAL IS DISMISSED.

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