New York City is appealing a judge’s order to temporarily halt individual school budget cuts amid plunging student enrollment.
In a filing on Thursday, the city asked an appellate court to undo the temporary restraining order issued by Manhattan Supreme Court Judge Lyle Frank last week.
“I am gravely concerned about our ability to assure the orderly opening of schools this September,” said Schools Chancellor David Banks in an affidavit submitted Thursday.
“I cannot overstate how consequential, and even disastrous this is for our city,” he added.
The judge’s order followed a lawsuit filed by a group of parents and teachers alleging the city flouted state law when it passed a budget before a Department of Education advisory panel could approve it.
Banks described the judicial order as “difficult to interpret” and “severely disrupting” to operations — from negatively impacting the launch of dyslexia programming, to processing new placements for teachers let go by their old schools.
“The interruption of this process that is being caused by the TRO (temporary restraining order) is creating a major risk of hindering the orderly opening of schools by delaying the filling of staff positions, putting programs in limbo, and leaving supplies and services not ordered,” he said in the court filing.
Public school advocates including parents, teachers and students rallied with city council members against public school budget cuts on July 18. Gina M Randazzo/ZUMA Press WireThe chancellor added that August is the “busiest and most critical time” for preparing to reopen schools.
The budget cuts come as the public schools — including 3K and preK, as well as charter schools — have lost 73,000 students since the start of the pandemic, according to data from the city’s Independent Budget Office. It also comes as federal funds, which had been used to hold schools harmless for enrollment loses, are slated to expire in two years.
Next year’s school budgets account for DOE projections to lose tens of thousands more students from the public system.
In total, the Office of the New York City Comptroller predicts that principals could collectively lose at least $372 million from their individual school budgets.
“It’s the devastating budget cuts to schools that are preventing orderly opening of schools,” said Leonie Haimson, an education advocate for restoring the budget cuts to reduce class size.
“Principals say that if they can get their budgets restored, they’d be happy to wait until the final decisions are made by the Court, and the Council gets a chance to revote,” she said.
Additional reporting by Priscilla DeGregory.







