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Court hearing begins against Williamsville Central School District

A similar hearing begins Tuesday against the Orchard Park School District. The judge says he plans to make a decision on both at the same time.

WILLIAMSVILLE, N.Y. — An attorney representing parents who are suing the Williamsville Central School District says they filed it because their kids were suffering from not being in school five days a week.

"You have students committing self harm, students attacking their siblings, students falling apart in breakdowns and puddles of tears," according to attorney Todd Aldinger, with the Lipsitz Green Scime Cambria law firm.

That's just part of attorney Todd Aldinger's argument, in a hearing that began Friday, about why students need to be back in class all week.

The second component is based off a study out of Massachusetts.

"I think we have a strong case. Paul Cambria and I brought this case after the Oxford study came out. It showed there's really no statistical difference between three feet and six feet of social distancing," Aldinger said. 

However, the Williamsville Central School District's attorney is arguing they must keep social distancing to six feet, which means there's not enough room to bring everyone back to the middle and high schools.

He argued the district is forced to go off state guidelines.

New York State changed the rules to three feet of social distancing in classrooms for areas where the transmission rate isn't high. 

Williamsville Central Schools argues the transmission rate it too high in Erie County to bring back everyone.  Yet the district is bringing everyone from the elementary school back on Monday, something other Western New York districts plans to do as well.

2 On Your Side reached out to the district but was told they do not comment on litigation.

Parents also filed a lawsuit against the Orchard Park School District and a hearing will begin Tuesday. 

Judge Emilio Colaiacovo says he will make a decision about both lawsuits at the same time. 

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