BUFFALO (WBEN) - State Court Justice Emilio Colaiacovo denied temporary restraining orders against Williamsville and Orchard Park School Districts Tuesday that were seeking to require kids be taught by teachers, as opposed to students being given assignments to teach themselves.
However, Colaiacovo directed the school districts to supply the court with a written plan by April 13 that addresses a pivot to five days a week in-person learning, and he also directed that the state respond to the districts' plans, including the state's approval or disapproval, by April 20.
"The kids need to be taught, and they need to be taught by teachers with structure - that's why they're there," said Attorney Paul Cambria, who's representing the stakeholders who filed the lawsuits against the districts and the state in both cases. "If you didn't need a teacher, why would we have any?
"The judge, in a very creative way, moved the needle, and that's very important," Cambria continued. "We're closer today than we were yesterday to having kids be instructed by real, live teachers."
Colaiacovo, throughout both hearings, made clear his frustration with the state that updated social distancing guidance has not been conveyed even though the CDC updated their guidance several weeks ago. On Monday, Governor Cuomo said that guidance from the state will come within the week.
"Every time that we are asked to wait two weeks, we find ourselves at another month, and another month," said Colaiacovo. "I'm very sympathetic...where you have parents having children diagnosed with depression because they can't go to school..."
According to Cambria, the judge's directive will speed up the timeline if the state does not follow through with guidance in the near future.
"From our standpoint, we made a lot of progress because now the school districts have to come up with a plan and the Department of Health has to weigh in on it," said Cambria. "To me, that's the beginning of the right kind of solution...It may very well be that they'll come up with a plan, we'll be satisfied with it, and we'll drop our lawsuit."
Colaiacovo stressed the need for a timely response in dealing with these cases.
"The fact that we are in the month of April and no closer to a better sense of normalcy for these children is disconcerting at best," said Colaiacovo. "I am going to give the respondents an opportunity to try to resolve this without the court having to do it for them, but I just want it to be very clear that the concerns of the parents are certainly not lost on the court."
