Pinnacle's Attorneys to Fight Ordered Closure

August 28, 2013 Updated Aug 28, 2013 at 10:12 AM EDT

By Rachel Elzufon

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August 28, 2013 Updated Aug 28, 2013 at 10:12 AM EDT

Buffalo, NY (WKBW) - There is one last hope for Pinnacle Charter School to stay open.

Attorneys for the school are heading back to court, to fight the state's order to shut the K-8th grade school down.

On Wednesday, attorneys plan to file a temporary restraining order on behalf of the school. This is the last hope to keep the school open.

The request comes after Tuesday's failed negotiation between state education representatives and Pinnacle Charter School.

New York State Department of Education ordered Pinnacle to close last year because of low test scores. It remained open because of an emergency injunction.

Attorneys plan to argue that test scores have dramatically increased and that the school should not have to close.

Lisa Coppola, an attorney who represents the school, says the decision to close Pinnacle Charter School hurts children.

"These children are subject to complete and utter uncertainty," Coppola says. "Nobody has told parents where their children will be or anything else about the first day of school -- which is going to occur whether we look it or not on Sept 3rd for Pinnacle or Sept 4th for the Buffalo Public Schools."

It is not known how long it will take for a judge to review the temporary restraining order and make a ruling. Oral arguments will not be heard.

About 560 students are enrolled at Pinnacle Charter School.

Nearly 200 students have requested transfers to Buffalo schools in good standing in case Pinnacle Charter School does close.

There are already more than two-thousand students on the transfer list, trying to get out of schools deemed failing by state standards. The school district says there is only room to transfer a few hundred students.

The State's Department of Education did not return Channel 7's calls for a comment on this issue.