Gov. Andrew Cuomo speaks during his inauguration ceremony on Ellis Island on 1.1.19. Photo: David Handschuh/NYLJ

New York's two leading elected executives, Gov. Andrew Cuomo and New York City Mayor Bill de Blasio—no strangers to political infighting—are now trading barbs over who wields the authority to close the nation's largest school district for the rest of the academic year.

The political spat sowed confusion and sent mixed messages to parents and educators navigating a coronavirus pandemic that's tied to more than 10,000 deaths statewide. 

Schools are already closed across statewide due to the pandemic, but de Blasio announced over the weekend that the city's public schools would remain closed for the rest of the academic year. 

Shortly after, Cuomo said he held the legal authority to extend the closure and said no decision had been made. He also dismissed the mayor's announcement as an "opinion." Instead, there should be a coordinated approach with other localities when it comes to extending any school closures, Cuomo argued.

Experts who spoke to the New York Law Journal sided with Cuomo overall on the dispute. They say executive orders issued by the third-term governor give him wide legal latitude over public school schedules.

"The governor does have sweeping powers under his authority," said David Bloomfield, an education law expert at Brooklyn College and The CUNY Graduate Center.

An executive order from Cuomo specifies that schools statewide will remain closed through April 29. The executive order says no school should see reduced school aid due to failing to meet a 180 day in session requirement due to the pandemic, "provided their closure does not extend beyond the term set forth herein."

Gina DeCrescenzo, a special education attorney, said New York City's public school system could refuse to comply with the executive order, but it would then risk losing out on state education money. That, she said, would be "catastrophic" for the city's schools. 

"That is where the power struggle is between de Blasio and Cuomo," she said.

The political wrangling comes as New York and six other northeastern states lay the groundwork for coordinating a regional plan to ease coronavirus lock down measures and reboot their economies. 

Power struggles have flared between Cuomo and President Donald Trump over the issue.

Cuomo, who has raised his national profile during the coronavirus outbreak, issued widespread lockdown measures through executive orders. He issued the orders by taking advantage of expanded emergency powers given to him by the Legislature earlier this year.

His restrictions sharply curtail gatherings of any size and mandate that all "nonessential" workers stay home.

It remains to be seen if the political fight between Cuomo and de Blasio will spill over into reopening plans.

When it comes to the schedule of public schools, Cuomo has a clear interest in asserting power, particularly as he coordinates a broader reopening framework with other states, said Patrick Boyd, who's firm practices employment, labor and education law.

Overall though, he said it'd be better if New York politicians worked together to deliver a clear plan on the future of school closings.

"Parents have enough going on without having to worry about inconsistent messages," he said.

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