BUFFALO, N.Y. (WBEN) While many public school districts are operating on a hybrid model of learning, it's not good enough for many parents across Western New York.
Amherst Law firm HoganWillig is preparing several lawsuits. "We're trying to do this as quickly and as effectively as we can," said attorney Corey Hogan. The goal is to bring students back to school five days a week.
"the federal government and state government are saying everybody should
be back at school, but there's a bit of a logjam. Individual districts have
different reasons why they're not fully opening, even though private schools
have been open for months," he said.
The firm is planning to sue districts separately. "We're bringing the initial
claim against Grand Island Central Schools, after that Clarence Central and
at least six other districts after that. Hundreds and hundreds of parents are basically pulling their hair out trying to deal with the emotional impact that this is having on their children," said Hogan.
The lawsuit, he said is a last resort. "These parents have tried everything to get kids back to school and the teachers have one reason or another not to do it
and so do the superintendents.
Hogan points to recent Covid data including a declining positivity rate. "The spread of the virus is way, way down. It was 1.8% Thursday. We're approaching herd immunity and vaccinations are increasing everyday."
He fears if something is not done soon, kids will not be going back to school in September.
Does a five day a week in-person school mandate need to come from the state, or can it come from a judge? Hogan maintains it's a protection in the New York State Constitution. "It says everybody under the age of 18 is entitled to a free public education up to 12th grade."
"Psychologists, Physicians, Pediatricians are almost unanimous in saying that kids are suffering. Not every kid, but a large percentage. These are the silent victims. Suicides are up all over the country. Emergency room visits are up. Kids are not getting valuable instruction. They're moping around the house and not getting out of bed. Some of these kids are going to have lifetime damage. This has to stop," he said.
