In New York State, the State Education Department’s refusal to revoke the “Regionalization Mandate” has led to a formal lawsuit filed against the NYSED by 21 Long Island school districts, 8 state legislators, 2 local governments, the local teachers’ union, a nonprofit organization with 1,900 members, a mayor, and 3 individuals. They are demanding the abolition of the “Regionalization Mandate.”
According to the final rule that took effect on December 24, 2024, the State Education Department requires all school districts in the state to undergo “regionalization” restructuring, to be controlled by an unelected education commissioner, replacing the authority of school district boards.
The plaintiffs’ attorney, Nicholas Rigano, stated in a press release on January 10 that this overhaul will not only fundamentally change the public school system but also have profound implications for the local community structure. To quell public opinion, the State Education Department claims that the rule is “optional.” However, the final text of the rule clearly states, “School districts and supervisory districts must begin implementing an approved regionalization plan no later than the start of the 2026-2027 school year.” This is evidently a mandatory requirement.
The plaintiffs have indicated that they had requested the State Education Department to withdraw or modify the rule to align with their prior claims of being “optional,” but the department adamantly refused, stating they have “no intention of addressing this issue.” The plaintiffs believe this demonstrates the State Education Department’s refusal to relinquish newly acquired control, forcing all parties to take legal action to seek the revocation or modification of the “regionalization plan.”
Betty Rosa, the Commissioner of the New York State Education Department, issued a statement on November 26 last year, stating that “non-substantial revisions” were made to the New York State Education Regionalization Regulations (Subpart 124-2 Regulations). However, attorneys representing Long Island school districts opposing the “education regionalization” regulations pointed out that these revisions did not change the mandatory nature of the “regionalization plan.”
In a memo, Rigano LLC, representing the plaintiffs, stated that the language contained in regulation 124-2.5(a) remains unchanged: “Each school district and supervisory district shall begin implementing an approved regionalization plan no later than before the start of the 2026-2027 school year.” Additionally, despite the State Education Department altering the regionalization “planning process” to be “optional,” the rule retains the mandatory obligation for school districts to implement it.
This case is expected to be one of the key lawsuits in the power struggle between local governments and state-level agencies.