Appeal of R.S. and C.C., on behalf of J.C., from action of the Board of Education of the Spencerport Central School District regarding residency.

Decision No. 15,239

(July 1, 2005)

Lynda M. VanCoske, Esq., attorney for respondent

MILLS, Commissioner.--Petitioners appeal the determination of the Board of Education of the Spencerport Central School District ("respondent") that J.C. is not a district resident. The appeal must be dismissed.

Petitioner R.S., the grandfather of J.C., resides in the district and has been appointed J.C.'s legal guardian. Petitioner C.C., J.C.'s mother, also lives in the district with her father. By letter dated September 27, 2004, respondent's superintendent informed petitioners that if a student registration questionnaire was not completed by October 6, 2004, J.C. would be dropped from respondent's attendance rolls. This appeal ensued.

Upon receiving petitioners' documentation of residency in this appeal, respondent's superintendent conceded that J.C. was a district resident and permitted her to remain in school. By letter dated January 6, 2005, respondent's attorney informed my Office of Counsel that the child had been admitted to the district's schools and respondent would not file a verified answer to the petition for this reason.

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 exist or which subsequent events have laid to rest (Appeal of B.K. and R.K., 44 Ed Dept Rep 195, Decision No. 15,146; Appeal of V.L., 44 id. 160, Decision No. 15,132; Appeal of Garvin, 44 id. 30, Decision No. 15,087). Since respondent is permitting J.C. to attend its schools as a district resident, the appeal is moot.

THE APPEAL IS DISMISSED.

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