Concerned parents who once had children attending Lee Avenue Elementary School in Hicksville filed a lawsuit against the district, taking Superintendent Dr. Edward Finn to federal court in Central Islip last Friday, Dec. 8. The hearing, which was originally set for Friday, Dec. 1, was pushed back a week because the district's lawyer need more time.

The plaintiffs, nine students and their parents, went to the courts in hopes to receive a mandatory injunction that would force the district to pay for an independent expert who'd come in and perform what they described as accurate air quality tests at Lee Avenue School.

Original complaints surfaced about the structure of the school in early September when children frequently complained of bloody noses, headaches, upper respiratory problems and heightened allergy attacks.

The roof has been leaking for at least five years and heavy rains in September poured through it, soaking ceiling tiles and carpets. Soon after, the district called in Charles Erlanger, an industrial hygienist with the Holzmacher, McLendon & Murrell (H2M) Environmental Group.

Erlanger and his colleagues came in and tested several questionable areas Sept 22, Oct. 4, 13, 16 and 20. Results revealed room 203 had slightly elevated levels of fungi and air stagnation in the all purpose room, girls' locker room, classrooms 110 and 206 and a probable moisture problem in room 203. Dr. Finn opted to continue monitoring these areas.

The district's lawyer stated officials have been "nothing but proactive" regarding the issue and conducted air quality testing as well as removed ceiling tiles before parents complained.

"These parents are asking for testing and there's been testing. They have provided no proof that nine out of 450 students have medical conditions as a direct result of the building's structure," he said. "These parents are making a mountain out of a molehill."

The plaintiffs' lawyer, Richard Young, retaliated, saying, "If there isn't a problem in the school then why did they close Room 203? Why are trucks throwing out ceiling tiles in the middle of the night?" Some parents say they have visual proof of ceiling tiles being dumped into trucks in front of Lee Avenue after school hours. The district lawyer said Dr. Finn closed Room 203 in the interest of being safe.

Judge Hurley, who presided over the case last week, heard both sides although he wasn't interested in hearing any parent testimony or details that Jack Springston, certified industrial hygienist, could have provided.

Parents originally invited Springston to a parent meeting back in October after H2M released their report and findings. He questioned testing methods performed by H2M, stating data failed to support the panel's contention that "there is no cause for alarm regarding the health and safety of the children at Lee Avenue School."

Judge Hurley, after a short recess, stated evidence on the plaintiffs' part was lacking and their request for a mandatory injunction to call in an independent industrial hygienist to perform "accurate" testing was denied.

Karen Adams, whose child was diagnosed with pneumonia in October, said, "I don't know how they [the district] can get away with this in a court of law."

Eileen Assante, another parent who filed the lawsuit, said, "I really don't feel like we lost this case. We're very upset the district lied the way they did but the judge's decision to keep the case in federal court makes us believe the truth will be heard. They just didn't see the whole picture and now I feel for the kids who are left attending that school."

Her husband, Joe Assante, agreed, saying, "No, in fact we won. The case will stay in federal court. The item of the case we lost was that the judge couldn't force the schools to do the proper testing at their expense. You would think the Hicksville Public Schools would want to do the proper testing, but that's not the case.

"The reason we didn't win on the order to show cause was because we would have had to correlate the medical problems our children had with the school, which would have meant leaving our children in the school and exposing them to the mold and fungus that was there. We chose to keep our children healthy and avoid the potential risk of long term effects," Assante continued. "For those that are still in the school, who knows what will come out of it. Our children are in another school and we're happier that we don't have to put up with a school district that chooses money instead of the health and well being of their students and employees."

Bob Boxer, a staunch supporter of the plaintiffs' cause, said, "What the extent of the illnesses are we will never know for the district refuses to show a comparison of the types of illnesses throughout the community's schools."