Appeal of A. B.-N., on behalf of her child, from action of the Board of Education of the Ellicottville Central School District regarding student discipline.

Decision No. 18,542

(January 14, 2025)

Lotempio P.C. Law Group, attorneys for petitioner, Jack M. Sanchez, Esq., of counsel

Hodgson Russ, LLP, attorneys for respondent, Andrew J. Freedman, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals the decision of the Board of Education of the Ellicottville Central School District (“respondent”) to suspend her child (the “student”).  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’s suspension has ended,[1] and petitioner does not seek its expungement from his record.  Accordingly, there is no meaningful relief that can be granted, and the appeal must be dismissed as moot (Appeal of V.G.M. and J.M., 63 Ed Dept Rep, Decision No. 18,388; Appeal of R.B., 57 id., Decision No. 17,394). 

THE APPEAL IS DISMISSED.

END OF FILE