NEW YORK, NY July 07, 2009 —Some Harlem politicians and the community group ACORN are protesting this hour against a charter school that's planning to use more space inside a regular neighborhood school.

Officials at PS 123 were caught off guard when the Harlem Success Academy began construction last week on a few classrooms inside PS 123. An academy spokeswoman says the public school was told renovations would start July first.

A Department of Education spokesperson says there was a miscommunication and efforts are underway to work it out. She adds that enrollment in both schools is growing but the total student population has not reached capacity yet.