Thursday, October 1, 2026
The New York State United Teachers has filed a lawsuit seeking to block Diamond Charter School in Hempstead from temporarily relocating to West Hempstead, just weeks before it is scheduled to open for its inaugural school year this September.
The petition, filed in Albany County Supreme Court by the teachers’ union, along with parents and educators from Hempstead and West Hempstead, seeks a preliminary injunction and temporary restraining order against the State University of New York Board of Trustees, SUNY Charter Schools Committee, SUNY Charter Schools Institute and Diamond Charter School.
The lawsuit challenges SUNY’s approval of the school’s temporary relocation to West Hempstead while its permanent Hempstead facility is under construction.
Diamond Charter School, which was authorized by the SUNY Charter Schools Institute in 2024, plans to open this fall temporarily at 12 Westminster Road in West Hempstead, while their planned permanent location at 131 Fulton Ave, Hempstead is renovated.
The lawsuit alleges SUNY approved the relocation without completing analyses required under state law regarding the impact the move would have on families and school districts. The suit also contends that the approval moved forward despite widespread public opposition.
The lawsuit notes that the Board of Regents voted in May to reject the proposed relocation and returned it to the SUNY Charter Schools Committee for reconsideration, citing concerns about public opposition, transportation, enrollment, transparency and the analysis supporting the move. According to NYSUT, the committee later approved the temporary move a second time.
“This isn’t just about one school,” NYSUT President Melinda Person said. “It’s about two communities that were ignored.” “People in Hempstead and West Hempstead spoke out, showed up and made their concerns clear, but SUNY Charter Schools Committee pushed ahead anyway. This pattern of blatant disregard for the law and for the communities our public institutions are supposed to support is why we’re asking the court to step in.”
According to the lawsuit, the relocation could have financial and logistical impacts on both Hempstead and West Hempstead and create uncertainty for students because charter schools prioritize admissions in the district where they are located.
Mark Crusante, founder and executive director of Diamond Charter School, said the lawsuit does not immediately change the school’s plans. He said administrators will continue preparing to start the school year in the West Hempstead building, unless the court orders otherwise, and families have been notified about the legal challenge.
Crusante said the 18 month-long location has been publicly discussed since January, questioning why the lawsuit was filed only weeks before the school is scheduled to open after opponents had known about the plan for months.
“This is not about taking care of families and students and children,” Crusante said. “This lawsuit is about the vested interests that the union has, and quite honestly, it is disappointing.”
Crusante disputed opponents’ claims that the relocation would significantly affect neighboring school districts financially and said the school has arranged transportation for families who enrolled after the state’s transportation deadline.
“To bring on a lawsuit four weeks before the next school year starts is quite odd and profoundly disconcerting,” he said.
According to NYSUT, the proposed relocation was rejected by the state’s Board of Regents in May, where SUNY resubmitted the proposal at the end of June. Diamond was aware that the Board of Regents had initially denied the request but chose to move forward with opening the facility regardless. They claim, had the company waited until the approval process was complete, this situation would likely have been avoided.
Allison Chapler, president of the Uniondale Teachers Association and co-chair of the Long Island Against Charter Schools Committee, said the lawsuit reflects longstanding concerns about the financial impact charter schools have on public school districts.
“We are becoming inundated with charter schools,” Chapler said. “For every student that attends a charter school, that money comes from the (local) school district’s budget.”
“Diamond is brand new, we’ve never even heard of it,” she added. “Maybe they’re providing a parallel program, maybe they’re not.”
Chapler said residents consistently opposed Diamond Charter School during public hearings and questioned why the school’s permanent facility was not completed before its scheduled opening. She maintained that if it is unable to open this fall, students would still have educational options through their local public-school districts or other established schools.
The charter school’s administrators maintained that they would continue preparing for the opening of classes while awaiting the outcome of the court proceedings.
The lawsuit is the latest in a series of legal challenges NYSUT has brought regarding the SUNY Charter Schools Committee’s authorization process. The court has not yet ruled on NYSUT’s request for a preliminary injunction or temporary restraining order. Both parties are expected to appear before court on Aug. 11.
As of press time. SUNY officials did not respond to requests for comment.
Have an opinion on the lawsuit opposing the charter school? Send letter to agriffin@liherald.com.
