In December 2018, Acting Supreme Court Judge Henry Zwack ruled against us in a brief decision that engaged with neither the law or the facts of the case, and merely claimed that this was a matter for Commissioner Elia to decide. The Commissioner in turn had argued that any class size obligations on the part of the DOE had expired years ago. Our appeal demonstrates how that view is false -- and if the Legislature wanted to eliminate DOE's legal obligation to lower class size on they would have changed the law. Oral arguments in the case will likely occur late this summer.
The press release from ELC is here and below. -- Leonie Haimson