Less than two weeks after an arbitrator put the brakes on Mayor Michael Bloomberg's "turnaround" plan for seven Queens high schools, the Department of Education and the United Federation of Teachers are finally going before a judge.
The DOE is appealing the decision by arbitrator Scott Buchheit that stopped the planned closing of "low performing" high schools and firing of much of the schools' staff. The city is asking for a temporary restraining order and preliminary injunction against the ruling which would allow them to move forward in the "turnaround" process.
The two sides are due to appear before a judge in Manhattan on Tuesday afternoon.
Lawyers for the UFT are arguing that the city has not properly applied for an injunction, cannot establish enough of a likelihood that a judge will ultimately rule in their favor or that any injunction against the plan to do "irreparable harm" The DOE says it needs to begin implementing the "turnaround" plan immediately to be ready for the start of the school year in September and any delay could impact students in the fall.
The two sides are scheduled to go to court on the city's appeal of Buchheit's decision later this summer. The 2012-13 school year starts for students Sept. 6.