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Judge denies Buffalo teachers union injunction to stop in-person learning at schools

Children returned to in-person learning on February 1, despite the objection of the teachers union.

BUFFALO, N.Y. — A State Supreme Court Judge has denied the Buffalo Teachers Federation union a preliminary injunction that sought to return to remote learning for Buffalo Public Schools.

Some children in the district returned to in-person learning on February 1, despite the objection of the teachers union.

The union wanted to keep schools closed to in-person learning. The Buffalo Teachers Federation leadership has said it believes schools are not clean or safe enough.

"Well, we were disappointed but not surprised. I mean, it's a difficult, difficult case," Buffalo Teachers Federation president Phil Rumore said Thursday.

In the ruling, Judge Emilio Colaiacovo said the Buffalo teacher's union didn't show scientific proof that in-person learning in the Buffalo City School District isn't safe and that the City School District followed all Centers for Disease Control and Prevention and state guidelines to reopen.

The general counsel for the Buffalo Public School district, Nathaniel Kuzma, issued this statement on Thursday afternoon: 

"State Supreme Court Justice Emilio Colaiacovo’s denial of the Buffalo Teachers Federation’s request for an injunction order reinforces the District’s cautious, systematic, and science-based approach to bringing students back to their “school homes” for in-person instruction.  This was possible through the extraordinary efforts and commitment of our students, families, and staff working together, as we will continue to do."

Added Rumore: "We have to continue to work to make sure our schools are safe and we have to do that because we just don't want any cases even one is too many."

Rumore has stated that teachers he's talked to feel unsafe working in schools and questioned why even when teaching virtually they would be required to be in a district building.

Buffalo Public Schools superintendent said there is drama and fear-mongering happening. Dr. Kriner Cash said he thinks that is why attendance was down about 20 percent at some schools that welcomed back students earlier this week.

"One of the things that has happened though since we filled suit is the district has worked to correct some of the problems that do exist however there are still a lot more that has to be addressed," Rumore said.

According to district reported data, 24 students or staff members have tested positive for COVID-19 since in-person learning resumed for some on February 1.

About 6,000 Buffalo Public School students returned to the classroom or about 25 percent of the student body. They had been remote learning since March 2020.

Rumore said the union has not decided whether or not to appeal the decision or wait for their next court appearance set for March 9.

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