Respondent then considered eight options for redistricting to ease overcrowding. After reviewing the options, respondent adopted a district reorganization plan that involved moving 66 kindergarten students from Court Street School to John A. Sciole Elementary School and Central Avenue Elementary School for the 1993-94 school year. This appeal ensued. Petitioners seek a reversal of respondent's decision to transfer kindergarten students from one school to another. Petitioners allege that the students should remain at the Court Street School for the 1993-94 school year.
Petitioners also maintain that respondent has acted in an arbitrary and capricious manner.
As a procedural matter, petitioners seek to bring this appeal as a class appeal. Respondent contends that it has broad discretion under Education Law ' 1709 in the assignment of students. Respondent argues that it tried to meet the need for additional classrooms by proposing a referendum for the purchase of modular classrooms, but when that referendum was defeated, it chose the option least disruptive to students. Before reaching the merits, I must first address the procedural issue. In this case, petitioners allege to represent similarly aggrieved persons, but fail to set forth the number of individuals in the proposed class and that members of the class are so numerous that joinder is impracticable.