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No decision yet on returning Williamsville kids to school

Judge wants to hear similar case from Orchard Park parents next week

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WILLIAMSVILLE, N.Y. (WBEN) – Parents at Williamsville and Orchard Park Schools will have to wait until next Tuesday at the earliest to learn whether or not all students can return to the classroom five days per week.

Attorneys argued in a courtroom Friday over the social distancing requirements specifically at Williamsville Schools. Currently, schools must adhere to six feet of social distancing due to Erie County's high COVID-19 transmission rates.


"The schools have been saying they can't go back to full-time instruction because they can't fit all of the kids into the classroom at six feet," Attorney Todd Aldinger, who is representing the parents, said. "After we brought the lawsuit, the state subsequently changed its guidance and allowed for three feet of distancing, but only for elementary students. Now we have students in grades 6-12 have to maintain six feet of social distancing and therefore, cannot be fit into the classroom."

The study he's referring to is from Oxford University. It found a lower physical distancing policies can be adopted in school settings with masking mandates without negatively impacting student or staff safety.

The state argues they are following proper CDC guidelines and are continuing to prioritize the health and safety of those in school.

Judge Emilio Colaiacovo said he plans to issue a written decision on the matter after Orchard Park parents present their argument on Tuesday. He will issue one written decision for both cases, though it's unclear when exactly that decision will come out.

Judge wants to hear similar case from Orchard Park parents next week