the DOE specifically has earlier said that there would not be sufficient space for a similar projected enrollment - good evidence, though subject to argument. PS 138 would also have an advantage if they filed right now, before the SCN lottery takes place ---anon
After seeing the video of the PS 138 princpal at the PEP (see below), when the question in the title of this post was asked on the NYCEducationNews listserve, here was one response:
With a strong legal team, PS 138 would probably have a better case than anyone else right now. My understanding of prior co-location cases is that the plaintiffs, in the first instance, could not prove that the potential for overcrowding exists. Here the DOE specifically has earlier said that there would not be sufficient space for a similar projected enrollment - good evidence, though subject to argument. PS 138 would also have an advantage if they filed right now, before the SCN
