Appeal of T.W., on behalf of her child, from action of the Board of Education of the Arlington Central School District regarding residency.

Decision No. 18,506

(October 7, 2024)

Shaw, Perelson, May & Lambert, LLP, attorneys for respondent , Michael K. Lambert, Esq., of counsel

ROSA., Commissioner.--Petitioner challenges the determination of the Board of Education of the Arlington Central School District (“respondent”) that her child (the “student”) is not a district resident.  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).

Following the initiation of this appeal, respondent informed the Office of Counsel that it withdrew its residency determination regarding the student.  As a result, since August 20, 2024, the student has been eligible to attend respondent’s schools as a district resident.  Therefore, petitioner has received all the relief to which she is entitled and the instant appeal must be dismissed as moot (Appeal of A.C., 63 Ed Dept Rep, Decision No. 18,419; Appeal of C.R. and A.R., 62 id., Decision No. 18,184).

THE APPEAL IS DISMISSED.

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