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#More NYC parents sue DOE for return to in-person classes

#More NYC parents sue DOE for return to in-person classes

More Big Apple parents have sued for a return to full-time, in-person classes in city schools — arguing that the future of an entire generation of kids will be put at risk as they fall behind in their education, new court papers show.

The lawsuit was filed in Manhattan Supreme Court Tuesday by 22 parents against the city Department of Education, new DOE Chancellor Meisha Ross Porter, and Mayor Bill de Blasio, seeking an immediate return to in-person classes for their kids.

The city’s “arbitrary and capricious actions put at risk the futures of an entire generation of New York City children and have long term implications for economic stability in the city,” the court papers allege.

In October, a group of parents also filed suit in Staten Island to force the reopening of public schools. That case is still pending.

The new suit claims that the current arrangement in city schools of partial in-person and partial remote learning for some kids, while others are fully remote, “does not amount to a sound, basic education for children,” in violation of their state constitutional rights, the court documents claim.

Schools Chancellor Meisha Porter talking to students at PS 45
Schools Chancellor Meisha Porter talking to students at PS 45 in West Brighton, Staten Island.
Alexandra Salmieri via AP, Pool

The parents believe that going back to school full-time will not risk an increase in the spread of COVID-19 — and claim there isn’t any data that says otherwise, the court filing says.

The suit also cited a French scientific study that found that students with COVID-19 didn’t spread the virus to other pupils, teachers or staff, the court papers show. The suit also cited a German study that found similar results.

“Children are unknowingly left behind with remote learning,” the court papers allege. “There is a reduced performance in both curriculum based assessments and skilled based assessments.”

“The teachers must return to the classroom to help the children who have rapidly regressed, academically and mentally,” said James Mermigis, a lawyer representing the parents. “The children need their teachers.”

A teacher with her Pre-K students at Phyl's Academy in Brooklyn on March 24, 2021.
A teacher with her Pre-K students at Phyl’s Academy in Brooklyn.
Mark Lennihan/AP, Pool

City Hall spokesperson Avery Cohen told The Post by email, “We have more students in classrooms than any other city in America, and all of our schools are open for in-person learning, with the majority offering in-person learning five days a week.

“It’s clear that New York City has set the reopening gold standard for districts across the country, and we will review this suit when it’s filed.”

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