Appeal of D.M., on behalf of his child, from action of the Board of Education of the Honeoye Central School District regarding immunization.

Decision No. 18,481

(August 21, 2024)

Bethany A. Centrone, Esq., attorney for respondent

ROSA., Commissioner.--Petitioner appeals the determination of the Board of Education of the Honeoye Central School District (“respondent”) excluding his child (the “student”) from school for failure to meet the immunization requirements of Public Health Law (“PHL”) § 2164.  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). 

The student was excluded from school for his failure to receive the tetanus, diphtheria and acellular pertussis (Tdap) vaccine.  The student received this vaccination on September 6, 2023.  Accordingly, no live controversy remains and the appeal must be dismissed as moot (Appeal of F.W., 63 Ed Dept Rep, Decision No. 18,396; Appeal of N.G., 62 id., Decision No. 18,280).

THE APPEAL IS DISMISSED.

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