Appeal of KUWANA JONES, on behalf of her child, from action of the Board of Education of the Hempstead Union Free School District and Regina Armstrong as superintendent regarding a grading policy.

Decision No. 18,247

(March 6, 2023)

The Law Office of Suzanne Myron, attorneys for petitioner, Suzanne Myron, Esq., of counsel

Guercio & Guercio, attorneys for respondent, John P. Sheahan, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals a determination of the Board of Education of the Hempstead Union Free School District (“respondent”) to not credit her child (the “student”) with an exemption for the January 2022 Regents exam for algebra II.  The appeal must be dismissed.

In December 2021, the State Education Department cancelled the January 2022 administration of the New York State High School Regents Examination Program in response to the impact of the COVID–19 pandemic.[1]  In January 2022, the Board of Regents adopted an emergency regulation that amended section 100.5 of the Commissioner’s regulations “to provide an exemption to the diploma, credential, and endorsement requirements related to the passing of January 2022 Regents examinations.”[2]  The Board permanently adopted this regulation at its May 2022 meeting.[3]

The student attended respondent’s high school during the 2021-2022 school year.  He took algebra II that year but did not take the algebra II Regents examination in January 2022 due to its cancellation.  In August 2022, the student enrolled in a different school district in New York State.  At that time, his transcript did not reflect an exemption from the algebra II Regents exam.  This appeal ensued.  Petitioner’s request for interim relief was denied on October 28, 2022. 

Petitioner contends that respondent erred by refusing to indicate the student’s exemption from the algebra II Regents examination on his transcript.  She requests “that the algebra II course[4] and corresponding exemption ... be so listed and indicated on [the student’s] transcript.”

Respondent argues that the appeal must be dismissed as moot, untimely, and for failure to exhaust administrative remedies. 

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).

Subsequent to the commencement of this appeal, respondent amended the student’s transcript to reflect an exemption for the January 2022 administration of the algebra II Regents examination.[5]  Thus, there is no longer any meaningful relief to be awarded on petitioner’s claims, and the appeal must be dismissed as moot.

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

THE APPEAL IS DISMISSED.

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