Over 7 million students nationwide receive
special education services under the Individuals
with Disabilities Education Act (IDEA).
The specific special education services for each student are
formalized in a contract between the school district and
parents, otherwise known as an Individualized Education
Program or IEP. In March 2020, school districts around the
nation unilaterally closed schools, sent students and staff
home, and substantially and materially altered these students’
educational programs. This was a violation of federal law. To
this day, most school districts continue to violate the federal
rights of students and their parents.
Parents and/or natural guardians of students with a disability
have joined together as Plaintiffs in a national class action
lawsuit. (Click here to join the national class action lawsuit
with other parents.)
1. The ReOpen Class action lawsuit
seeks the following relief:
(A) Either ReOpen Class
(B) Issue a Pendency Voucher to allow parents to self-cure;
2. Order the school districts to
conduct independent evaluations
of each student with a disability to
determine:
(A) what compensatory
services the students need to make
up for all of the missed services
and
(B) make any updates to the
students’ IEPs;
3. Order the school
districts to reimburse
parents for any expenses
or loss of employment due
to the failure of the school
districts; AND
4. Award parents punitive damages
based on the intentional and willful
violations of the federal rights of
parents and students.
The complaint was filed in federal
district court in the Southern
District of New York. Click here to
read the entire complaint.
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