BUFFALO, N.Y. (WBEN) - A state supreme court judge has sided with Buffalo Schools after a last-minute attempt by the teacher's union to delay the start of the school year.
In a written decision on Thursday afternoon, Judge Emilio Colaiacovo said teachers failed to justify closing schools despite their concerns about safety protocols at the school.
"The speculative nature of the witnesses' concerns, unsupported by science or data, does not justify closing schools nor does it establish a safety risk," Judge Colaiacovo said. "Further, the question of whether a demand for information was adequately responded to does not rise to the gravity of granting the relief (the teacher's union) herein seek."
The teacher's union sued the district on January 29, three days before thousands of students between Pre-K and second grade, high school seniors, and up to 100 special needs students, were due to return. A hearing was held last Friday where teachers testified about their concerns and district officials defended their decision making.
"Further, the plan to re-open was guided by medical experts," the ruling said. "The District, which was the only one in the State yet to re-open to in-person learning prior to February 1, committed itself to following a plan that professionals provided which guided the Superintendent to, at first, continue remote learning in the Fall and ultimately in-person learning in February 2021. Dr. (Dennis) Kuo dispassionately explained the methodology and factors he considered, as Medical Director, to recommend re-opening. Those reocmmendations....supported re-opening on a limited basis..."
Another court appearance for the two sides was scheduled for March 9 at 2 p.m.
Buffalo Teacher's Federation President Phil Rumore said he is still hearing about safety issues at the school related to cleanliness and COVID-19.
"We heard of a school where the student was identified as having the virus, sent home, and then the class was back the next two days," Rumore said. "I think it's still bad. We also have found out that...since the third of February until today, 22 students have been identified as positive and 12 staff people. Obviously, there's some issues."
Even though teachers said in the hearing they want to be in school, Rumore said he worries that the perception that teachers don't want to be.
"You always have to do what's right," he siad. "When you know there's been 22 students since the third of February that have been identified with the virus and 12 adults that we know of, we know there's obviously problems. It's just going to get worse unless we make sure the schools are safe."
Buffalo Schools General Counsel Nathaniel Kuzma issued a statement Thursday, saying:
"State Supreme Court Justice Emilio Colaiacovo’s denial of the Buffalo Teachers Federation’s request for an injunction order reinforces the District’s cautious, systematic, and science-based approach to bringing students back to their “school homes” for in-person instruction. This was possible through the extraordinary efforts and commitment of our students, families, and staff working together--as we will continue to do."