Schools Chancellor Joel I. Klein may not use his emergency powers to override a state education commissioner's ruling that blocked the expansion of Girls Prep Charter School inside PS 188. Last Friday, three days before Girls Prep's middle school students were to report to school, the Department of Education announced that it was working with Girls Prep's Board of Trustees to find an alternate space for its fifth and sixth grades.  

The last minute decision means that Girls Prep's midde school will not open today, and may not open until next month, around the same time traditional public schools start their school year on September 8.  Girls Prep's elementary grades will remain at PS 188 and start school, as planned, on August 23.

DOE spokesperson Natalie Ravitz said it was "incumbent upon the department to exhaust all other options before issuing an emergency declaration," as reported by the New York Times, Daily Newsand Gothamschools. 

The latest twist in the year-long struggleover space at PS 188 was triggered by concerns that Advocates for Children(AFC) would seek an injuction, restraining the Chancellor from using his emergency powers. AFC filed the original complaint with the state education commissioner on behalf of PS 188 and PS 94 families. 

"This is a promising step, but it's not over yet. We'd like to see an amicable resolution, but are prepared to take action if necessary to protect the rights of the parents we represent," said AFC's director, Kim Sweet.