NY Supreme Court Refers Co-Location Lawsuit to NYS Education Commissioner for Further Review

On Monday, New York County Supreme Court Judge Eileen Rakower dismissed a lawsuit filed by a number of elected officials and education advocates challenging a number of school co-locations approved under the Bloomberg administration.

The petition was dismissed for “failure to exhaust administrative remedies,” with Judge Rakower referring the suit to the New York State Education Department before it can be brought before state court.

“I am disappointed by today’s dismissal, but I am encouraged that the merits of our case were not brought into question,” said NYC Public Advocate Letitia James. (pictured <)“From the beginning, we have been clear and consistent in our position: forced co-locations that result in overcrowding, special students’ losing space, and elementary students being mixed with high school students, are unacceptable; as are co-locations that ignore the will of local parents and teachers.”

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