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Wantagh board votes to join Article 78 challenge to NYSED regionalization rule

November 22, 2024 | WANTAGH UNION FREE SCHOOL DISTRICT, School Districts, New York


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Wantagh board votes to join Article 78 challenge to NYSED regionalization rule
The Wantagh Union Free School District Board of Education voted Monday to join an Article 78 proceeding challenging the New York State Education Departments recently issued regionalization regulation.

Superintendent John McNamara told the board the regulation was published as an emergency measure and has prompted concern among Long Island districts because its language appears to constrain local control over resource-sharing decisions. "The regulation that New York State Education Department put forth was an emergency regulation," McNamara said, and the district has submitted a letter expressing its concerns and is monitoring the public comment period.

Board members reported meeting with other districts and said a coalition has organized to file litigation; an attorney identified in discussion was Nick Regano of Regano & Regano. At a coalition meeting board members said roughly 1516 districts had agreed to join as petitioners and that the litigations legal fees were estimated at about $125,000 to be split among participating districts. One board member said districts are weighing the cost as part of a unified response.

Board members emphasized that the text of the regulation itself governs, not explanations in webinars or FAQs, and expressed particular concern that the published regulation lacks an explicit opt-out provision for districts. Board members also noted a separate, related regulation would change the role and authority of the BOCES superintendent; that second rule was described as having no public-comment period.

During public comment, a community member urged broad local mobilization and said, "We, as a community, have to advocate for our kids," while a parent asked the district to increase communication about the litigation status. The board moved and seconded a motion to join the Article 78 proceeding and approved it by voice vote; the board president announced the motion passed.

Next steps described at the meeting included finalizing sign-ons to the petition, sharing post-filing information with the Wantagh community, and monitoring whether legislative efforts ("Our Schools, Our Rules" bills) or modifications to the regulations follow. The board did not record a roll-call vote in the public record at the meeting; the motion was announced as passed and further details about cost allocation and petition text were discussed but not finalized that evening.

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