NYSUT sues to stop Diamond Charter School from opening in West Hempstead
NYSUT president Melinda Person, shown here speaking in Hauppauge in 2024. Credit: Rick Kopstein
New York’s largest teachers union is suing to stop Diamond Charter from opening this fall in West Hempstead, the latest salvo in the ongoing legal battles over charter schools on Long Island.
New York State United Teachers, along with educators from the Hempstead and West Hempstead school districts who are also union members, argued in a suit filed this week in State Supreme Court in Albany that Diamond and State University of New York trustees, who approved the charter, violated state education law with a plan to “incubate” the elementary school in West Hempstead for its first 18 months. SUNY had initially granted Diamond’s application to operate in neighboring Hempstead.
Diamond, which will initially offer kindergarten and first grade classes, filed for permits to renovate space at 131 Fulton Ave. in Hempstead Village. While that work is being done, it plans to operate out of the former St. Thomas the Apostle School at 12 Westminster Rd. in West Hempstead, a space formerly used by Academy Charter while it was doing its own renovations, Mark Crusante, Diamond’s executive director, said in an interview.
The Westminster Road site is less than one mile away from the Fulton Avenue location.
The union, which is seeking an injunction to prevent the school from opening, noted that the state’s Board of Regents rejected the relocation request, citing public opposition and logistical difficulties. That board, which also has charter authority, is elected by the State Legislature, in contrast to SUNY trustees, who are appointed by the governor.
The union argued that if Diamond opens as planned, it will drain “millions of dollars” from both the Hempstead and West Hempstead school districts in transportation and tuition fees. It also argued that school would be disrupted for public school students if Diamond fails to move to Hempstead after the 18-month charter.
Crusante said the lawsuit was a “scare tactic by the union to discourage families from applying to the school” and that its claims amounted to “throwing spaghetti against the wall to see if things stick.” About 100 families have applied to the school, he said.
Crusante disputed the union’s assertion that Hempstead would pay up to $1 million annually in transportation costs, and said speakers who opposed the relocation plan at community meetings were union members.
West Hempstead school officials did not comment Tuesday. A district representative pointed to a March letter from Superintendent Daniel Rehman to the community in which he wrote, “Any period of ‘incubation’ in West Hempstead is disappointing. Our district’s budget and resources must continue to prioritize the students and families we were chartered to serve.”
Hempstead schools Superintendent Gary Rush could not be reached.
A plan to open three charter schools in Suffolk County has also come under fire.
In March, the Brentwood and Central Islip school districts sued Academy Charter over the plan, which they said would cause financial strain because the districts must pay tuition reimbursements to the charter. NYSUT has also sued Academy and SUNY to have the charters dropped. Those suits are ongoing.
Nicholas Spangler is a general assignment reporter and has worked at Newsday since 2010.
