Judge Thwarts Massapequa School Board Efforts To File Lawsuit Against State Commissioner

The Massapequa School Board's efforts to file a lawsuit against the State Commissioner for banning them from changing the decision to move the sixth-graders to Berner Middle School have been thwarted in court on Thursday.

Supreme Court Judge Denise Hartman made the decision to uphold Commissioner MaryEllen Elia's order, despite district lawyers claiming she had “abused her discretion in this matter,” according to a report in Newsday.

In addition, Hartman chose not to allow the board to file temporary restraining order, Newsday reports. The school board voted to file a lawsuit earlier this week against Elia but has decided to instead to end the legal battle.

“This class will be going to Berner,” school board President Tim Taylor told Newsday. “We can’t keep fighting this.”

Read the full Newsday report here.

Last month, the Board of Education approved two resolutions reversing the plan to move of the grade 6 program to the middle school by a 3-2 vote.

In February, the board voted to approve including sixth grade at Berner Middle School in Massapequa, also by a 3-2 vote, which would have been in effect starting September 2017.

The changes have caused quite a stir in the local community. One local parent even created an online petition asking the board not to reverse the original plan.

After receiving the petition, Elia issued a one-page order last week barring the district from cancelling the plan.