Appeal of L.B., on behalf of her son G.B., from action of the Board of Education of the Union-Endicott Central School District regarding suspension from transportation.

 

 

(September 17, 2003)

 

Hinman, Howard & Kattell, LLP, attorneys for petitioner, Jon S. Blechman, Esq., of counsel

 

The Law Firm of Frank W. Miller, attorneys for respondent, Frank W. Miller, Esq., of counsel

  

     MILLS, Commissioner.--Petitioner appeals the action of the Board of Education of the Union-Endicott Central School District ("respondent") concerning the suspension of her son from bus transportation for the remainder of the 2002-2003 school year.  The appeal must be dismissed.

     On March 3, 2003, petitioner"s son, a fourth grade student in respondent"s district, allegedly pulled down his pants and placed his exposed buttocks against the side of the window of the school bus.  On March 4, 2003, respondent"s principal investigated the incident.  During an interview with petitioner"s son, the student allegedly admitted to the conduct. On March 4, 2003, respondent"s principal suspended petitioner"s son from bus transportation for the remainder of the school year.  This appeal ensued.  Petitioner"s request for interim relief was denied on April 24, 2003.

     Petitioner contends that respondent"s principal improperly suspended her son from bus transportation without providing her with the opportunity to meet to discuss the facts underlying the threatened disciplinary action.  Petitioner seeks an order reinstating her son"s transportation privileges and prohibiting any further disciplinary proceedings as a result of the incident.

     Respondent generally denies any wrongdoing and asserts that the process, determination and penalty were in all respects appropriate.

     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 which no longer exists or which subsequent events have laid to rest (Appeal of N.S., 42 Ed Dept Rep ___, Decision No. 14,817; Appeal of R.R. and K.R., 41 id. 405, Decision No. 14,726; Appeal of K.M., 41 id. 318, Decision No. 14,699).  Since G.B. has already served his suspension, petitioner"s request for relief is moot (Appeal of Deborah F., 42 Ed Dept Rep ___, Decision No. 14,813; Appeal of R.R. and K.R., supra; Appeal of K.M., supra).

     In light of this disposition, I need not address the parties" remaining contentions. 

THE APPEAL IS DISMISSED.                  

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