Decision No. 12,737

(July 2, 1992)

Raymond G. Kruse, P.C., attorney for respondent, Raymond G.

Kruse, Esq., of counsel

SOBOL, Commissioner.--Petitioner seeks an opinion regarding the propriety of a school district employee's request for medical information from her son's physician without her authorization or consent. The appeal must be dismissed.

Petitioner alleges that the coordinator of special education for the Wappingers Central School District requested medical information from her son's neurologist, apparently as part of an evaluation conducted by respondent's committee on special education. Petitioner further indicates that she subsequently consented to the release of the information, but seeks an opinion as to the propriety of the request.

I note that, although petitioner seeks review of respondent's actions, petitioner failed to serve respondent with a copy of the petition as required by '275.8(a) of the Regulations of the Commissioner of Education. The appeal must, therefore, be dismissed.

In addition to this procedural defect, in view of the fact that petitioner has consented to the release of the information which is the subject of this appeal, the matter is academic. To the extent that petitioner seeks an advisory opinion, I will not issue purely advisory opinions in appeals brought pursuant to Education Law '310 (Appeal of Children with Handicapping Conditions, 31 Ed Dept Rep 21; Application of a Child with a Handicapping Condition, 30 id. 262; Application of a Child with a Handicapping Condition, 30 id. 53).

Finally, petitioner is reminded that complaints alleging violations of federal and/or State laws or regulations distinct from allegations involving the identification, evaluation or placement of her children are more appropriately addressed to the State Education Department's Office of Special Education Services pursuant to 20 USC '1221-3(a)(l); 34 CFR 76.780.

THE APPEAL IS DISMISSED.

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