By ZOYA KHAN
The Jericho School District has joined other Long Island districts in a class action lawsuit against the New York State Education Department over the issue of regionalization. The State’s regionalization plan, proposed last August, is a process by which school districts located close to each other in a particular region of the State are encouraged to share resources in order to increase opportunities for students.
Jericho’s Board of Education has officially opted out of the plan and is choosing to pursue legal action against the State due to what they consider to be a lack of assurance that this plan will not affect local control.
The State configured the regionalization plan because many small, often rural, districts have been putting pressure on them for help. These districts have had problems with teacher recruitment, advanced course offerings, and providing other resources for their students.
This proposed plan requires local districts to communicate their needs and develop region-specific strategies to expand education access, as long as those plans are “consistent with Board of Regents priorities.”
The original language in the State’s document said that regional Board of Cooperative Educational Services (BOCES) superintendents would “compel” districts to revise any parts of their regionalization plans that do not comply with the State’s agenda.
Jericho Board of Education President Dr. Chris Foresto said, “This was something that the State put out as an emergency, which I think was a little bit shortsighted because the school districts were not made aware of it. And then they gave us a very short period of time to take an inventory of what resources we have available.”
At the November 2024 Jericho Board of Education meeting large groups of Jericho parents and community members arrived with signs protesting regionalization and urging the school board to take action.
Superintendent Mr. Henry Grishman presented the issue at the meeting and gave assurances that the State cannot legally force the district to participate in regionalization. He also explained that the State recognized the poor quality of their written statement and committed to modify the wording in early December 2024.
Mr. Grishman emphasized that he would follow up on these changes if they were not satisfactory. He said, “If we cannot see this in writing and passed by the Board of Regents on December 9th or 10th, I will lead the parade of every parent and every teacher in this district to go to Albany.”
Community members spoke out about their opposition. One resident said, “I just want to make sure that you guys do things. When something like that happens you have got to be proactive, rather than we chasing you on doing your job.”
At points during the meeting, audience members chanted, “Why not now?” and “We want a lawsuit now!”
The School Board unanimously voted that “absent satisfactory change and/or withdrawal of the regulation” they would pursue legal action to the fullest extent of the law.
In December, the NYS Board of Regents modified language in the original regionalization document, specifically replacing the word “compel” with “request” in regards to the regionalization plan enforcement. They also added that “a school district may elect not to participate in the development of a regionalization plan.”
On December 20th Superintendent Grishman sent a letter to the New York State Education Department, stating that Jericho is “electing not to participate in any such [regionalization] plan” and emphasizing that they want to preserve “local control.”
Superintendent Grishman’s letter to the New York State Education department stating that Jericho will opt out of its regionalization plan.
However, the Jericho Board of Education and many other districts on Long Island, were not convinced. Dr. Foresto said, “The State talked about walking all these things back, everything we wanted to hear. The problem is that it didn’t make it into written form. We know what’s best for Jericho, we know what’s best for our students, and we want to make the determination as to what we are in the best position to do.”
The lawsuit, initiated by the Locust Valley, Oyster Bay and Massapequa school districts, is an Article 78 proceeding which challenges the decisions or actions of state or local government agencies or officials. It calls for judicial review of an action a party believes is arbitrary, unlawful, or beyond the agency’s authority.
Jericho committed to spend $10,000 in legal fees and hired the law firm Rigano LLC. According to Mr. Grishman, this spending will not infringe on the District’s educational efforts.
Mr. Grishman feels certain that the State’s intentions were to be “helpful, not to be draconian,” and provide support to less wealthy districts. He said, “Technically, legally, that [enforcement of regionalization] is not permitted by laws that are currently in place.”
He added, “I probably have spoken to a representative of the State Education Department and the Board of Regents more than a dozen times, and at every one of these conversations, people who I’ve had a relationship with for 20 or 30 years have assured me there is no intention from State Ed to impact the authority of the local board of education.”
President of the Jericho Teachers Association and High School English teacher Dr. Michael Hartnett spoke about his opposition to the Jericho School Board’s decision and use of District funds for the lawsuit. “I have seen my home district Locust Valley toss away good money that could have been used to help its students.”
Jericho High School students understand the pressures on district leaders to respond to their constituatents while also adhering to State regulations. Senior and Student Council Co-president Katelyn C. recognizes that families who move to Jericho do so for the quality of the school district which depends on its resources, and she has faith in the district’s leadership. “I trust that the Board will make decisions that protect the integrity of our district and reflect the values of our residents,” she said.
Senior and Student Representative to the Jericho Board of Education Max Scharf noticed a difference in the community reaction to the regionalization issue. He said, “The opposition to the policy has been incredibly vocal, especially at the November Board meeting. Many members of the Board have echoed these concerns, yet shown a willingness to protect the rights and resources of Jericho taxpayers as is evident by the ongoing lawsuit.”
Superintendent Grishman wants residents to feel secure that the State’s regionalization plan will have no impact. He said, “When all is said and done, and it may take a month or two or three, people will see that nothing is any different. State Ed is not taking over the Jericho school district. I think all is okay, and will be okay.”
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