(BUFFALO, NEW YORK) - New York State Supreme Court Justice Tracy Bannister has found Buffalo School Superintendent Kriner Cash violated New York State Law when he attempted to use Receivership powers to unilaterally change the starting and ending times at three schools, the Buffalo Teachers Federation (BTF) announced. 

State Law provides School District Superintendents with the authority to make unilateral changes in what are called Receivership Schools, as long as the changes are being made to improve the education of the students.  Receivership schools are schools that have been deemed by New York State to be low-performing schools.

The BTF argued the changes to the schedules were done to save money over the wishes of many parents and teachers and not to improve the education of the students. 

The Receivership powers granted to the Superintendent (District) were based on the previous BTF contract and therefore they were no longer in effect since the BTF and District have entered into a new contract, the Teachers Union also argued.

"For about two months, ‘we worked with’ the District to modify the schedules at several schools so that the District ‘could save money this year,’” BTF President Phil Rumore said.  “Indeed we ‘agreed to allow schedule changes to save money’ in the third year of the contract (2018-19 School Year).  But instead of continuing to work with us, the superintendent and district decided to ‘shove the schedule changes down the throats’ of the parents, teachers and students. Parents and Teachers ‘were angered by this unilateral move and showed their displeasure on signed petitions delivered to the court.’"

After submission of evidence and arguments from the school district and the BTF, Justice Bannister concurred and ordered that the actions are "stayed until such time as the  New York State Commissioner of Education shall determine upon administrative application by either party herein whether the schedule changes attempted by the  Respondents as set forth in the Petition are for the purpose of increasing student achievement at the particular schools such as to be appropriate for a receivership agreement modifying the 2016-18 Collective Bargaining Agreement between the parties as required by Education Law §211-f; and it is further ORDERED, that, pursuant to CPLR §7805.  Respondents, their employees, agents and assigns are stayed and enjoined from implementing the changes in the starting times or the affected schools set forth in Petition Exhibit F until such time as there is the aforesaid administrative determination of the New York State Commissioner of Education."