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Decision No. 18,509

Appeal of AMANDA VENDER, TIA SCHELLSTEDE, TANESA GRANT, NAILA ROSARIO, and AMY MING TSAI, on behalf of their children, and CLASS SIZE MATTERS from action of the New York City Department of Education and Chancellor David C. Banks regarding district policy.

Decision No. 18,509

(October 15, 2024)

The Law Office of Laura D. Barbieri, PLLC, attorneys for petitioner, Laura D. Barbieri, Esq., of counsel

Muriel Goode-Trufant, Acting Corporation Counsel of the City of New York, attorneys for respondent, David S. Thayer, Esq., of counsel

ROSA., Commissioner.--Petitioners appeal the issuance of guidance regarding virtual and blended learning courses by the New York City Department of Education (“respondent”) and Chancellor David C. Banks.  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). 

Petitioners seek review of respondent’s virtual and blended learning courses guidance, issued in May 2024.  However, respondent subsequently updated its policies in accordance with applicable Commissioner’s regulations, which is the relief sought by petitioners.[1]  Accordingly, there is no further relief that may be granted and the appeal must be dismissed as moot (Appeal and Application of McGovern, 61 Ed Dept Rep, Decision No. 18,075; Appeal of Y.O., 59 id., Decision No. 17,842).

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

THE APPEAL IS DISMISSED.

END OF FILE

 

[1] District or school policies regarding virtual instruction should require written consent from parents prior to student enrollment in schools, programs, or courses that are taught solely through a virtual learning environment.