BUFFALO, N.Y. (WIVB)– The Buffalo Public Schools are allowed to stay open for in-person learning, this the decision by New York State Supreme Court Justice Emilio Colaiacovo in the lawsuit filed by the Buffalo Teachers Federation.

Justice Colaiacovo is siding against the Buffalo’s Teachers Federation and will not shut down the Buffalo schools.

The teacher’s union claimed the Buffalo Schools were not equipped to safely remain open for in-person learning to protect students and staff from the spread of COVID-19.

The district’s plan does not violate the state’s guidelines and the union failed to prove there is a danger.

Both sides are due back in court on March 9 at 2 p.m.

The Buffalo Public Schools provided this statement to News 4:

“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.”

Buffalo Public Schools General Counsel Nathaniel Kuzma