BUFFALO, N.Y. (WBEN) – A judge's decision on whether or not two school districts in Erie County will be allowed to reopen at full capacity is expected to come down by the end of the week.
A lawsuit brought by parents at Williamsville and Orchard Park schools sought the full return of middle school and high school. Last Friday, Erie County Supreme Court Judge Emilio Colaiacovo allowed the schools the option to return to full capacity beginning next Monday, though he can reverse his decision in the coming days after arguments concluded Monday.
"I think the judge is cognizant that the schools can't open immediately," attorney Todd Aldinger, who represents the parents in the petition, told WBEN's A New Morning. "He mentioned in court that when he writes his opinion, it's going to take him two or three days to finish that opinion. He has to give the schools some time to implement full-time, in-person instruction if that's what he, in fact, orders."
Local middle schools and high schools are not allowed to have full, in-person learning because of CDC and New York State Department of Health Guidelines. The guidelines say that a county with a positive test rate of more than 100 per 100,000 residents cannot allow less than six-feet of social distancing.
Erie County is still considered a "high-risk" area, though the positive test rate has steadily lowered over the past several weeks. On Sunday, the health department said there are 118 total new cases per 100,000 residents over the past week.
"That's down from about 180 per 100,000 from the previous week, and that's down from 250 per 100,000 for the week before that," Aldinger said. "Once they get below that 100,000 level, the schools have to open even if the judge doesn't rule in favor of the schools."
