Frequently Asked Questions

What is the ReOpen Class Action Lawsuit?

There are more than 7 million students in the United States between 3 and 21 years of age receiving special education services, under the Individuals with Disabilities Education Act (IDEA).  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 mid-March 2020, school districts around the nation unilaterally closed schools, sent students and staff home to receive “remote learning”, or no services at all.  In many cases, the local school districts failed to even provide live synchronous service to these students while they were home. Instead, the responsibility for “remote learning” became the sole responsibility of parents across America. Many parents had to quit or lost their jobs and some had to pay money out of their own pocket to do what the local school districts were getting paid to do: provide educational services to their disabled children!

 

The school districts violated the federal civil rights of these students under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA).  School districts unlawfully changed students’ special education services and discriminated against them because of their disabilities. To this day, most school districts continue to violate the federal rights of students and their parents. Civil Rights attorney, Patrick Donohue, and the not-for-profit Brain Injury Rights Group, have filed a National Class Action Lawsuit on behalf of millions of special education students across the country. The lawsuit seeks to reopen their schools to provide in-person services OR provide a Pendency Voucher for parents to self-cure. It also seeks compensation for the students and parents for the failure of their school districts to provide a Free Appropriate Public Education (FAPE) since schools were shut down during the coronavirus crisis.

 

More than 500 families from over 25 states have already signed up to be part of the national class action. Click here to join or for more information go to www.ReOpenClass.com or call our toll-free hotline: 888-927-4332 / 888-927-IDEA.

Who is eligible to participate in the ReOpen Class Action?

The ReOpen Class Action is a national class action lawsuit open to any school-aged child (aged 3-21) with a disability (has an IEP or a 504 plan), that has been negatively impacted by the forced COVID-19 school closures.

How do I join the ReOpen Class?

We have a website dedicated to information about the class action, the link can be found on our website’s homepage: ReOpenClass.com. The direct link to the form you will need to fill out in order to join, (also on our website’s homepage) can be found here.

You can also call our toll-free hotline at: 888-927-4332 / 888-927-IDEA.

What kind of relief is the ReOpen Class Action Lawsuit seeking?

1.  A) Either ReOpen Class immediately and provide the in-person instruction and other services as outlined in each students’ IEP, or (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/or (B) Make any updates to the student’s IEP;

3.  Compensation for the students and parents for the failure of their school districts to provide a Free Appropriate Public Education (FAPE) since schools were shut down during the coronavirus crisis and services not being delivered in an agreed-upon manner to students. This includes (A) Out of pocket expenses for services and/or (B) Loss of employment;

4.  Award Punitive Damages based on the intentional and willful violations of the federal rights of parents and students.

My child is 21 or graduated high school in June 2020. Is he/she eligible to participate in the class action?

Yes and No the class action applies to any child who had an IEP in March 2020 and was required to receive special education or support or related services, including those that were supposed to transition in June or September 2020. 

If you are still unsure if your child is eligible, please call our toll-free hotline: 888-927-4332 / 888-927-IDEA.

My child is 21 or graduated high school in June 2020. Is he/she eligible to participate in the class action?

Yes and No the class action applies to any child who had an IEP in March 2020 and was required to receive special education or support or related services, including those that were supposed to transition in June or September 2020. 

If you are still unsure if your child is eligible, please call our toll-free hotline: 888-927-4332 / 888-927-IDEA.

My child is receiving Early Intervention, is he/she eligible to participate in the class action?

Yes and No, the ReOpen Class Action is only open to school-aged children aged 3-21. There are certain instances, where students have been eligible to participate.  Please call our toll-free hotline: 888-927-4332 / 888-927-IDEA and one of our associates will be in contact with you.

 

If you are still unsure if your child is eligible, please call our toll-free hotline: 888-927-4332 / 888-927-IDEA.

Are there legal fees to take part in the class action lawsuit?

Legal representation for the ReOpen Class Action is completely Pro Bono/FREE.  Please note that if we are the prevailing party in certain instances we can seek legal fees for the work we did on the matter, any legal fees that we seek will NOT be billed to families.

I don’t see my child’s school district is he/she eligible?

Any child with a disability (has an IEP or 504 plan) aged 3-21 that lives in the United States and Puerto Rico, that have been affected by the school closures is eligible.

My Child’s School opened for 5 days a week of in-person learning, is he/she still eligible to participate in the class action?

Even students who are currently receiving  5-days in-person or have transferred to private schools, are still eligible to participate in the class action.  If they have/had a DOE IEP and were affected by service issues/changes at any time from March until now they are eligible.

You may be eligible if any of the following applies:

1.  Services disrupted before, but back to ‘normal’ now. 

2.   Receiving Hybrid.

3.  Services disrupted throughout. 

4.  Parents placed in private school on their own. 

5.  Parents reached out for a resolution with the school district,  but the school district  is not fulfilling the agreement.

6.  Students who aged out 

If you are still unsure if your child is eligible, please call our toll-free hotline: 888-927-4332 / 888-927-IDEA.

What is your privacy policy?

All information received from a client is strictly confidential. Our firm takes every step possible to protect your privacy. The data submitted via this form is encrypted and secured using industry-standard 128-bit SSL encryption.

The retainer agreement states that there are legal fees. Is this lawsuit still pro bono?

Legal representation for the Covid Class Action is completely pro bono/FREE.  If we are the prevailing party in certain instances we can seek legal fees for the work we did on the matter, any legal fees that we seek will NOT be billed to you at all.

The retainer agreement states that there are legal fees. Is this lawsuit still pro bono?

Legal representation for the Covid Class Action is completely pro bono/FREE.  If we are the prevailing party in certain instances we can seek legal fees for the work we did on the matter, any legal fees that we seek will NOT be billed to you at all.

I have good relationships with the teachers at my child’s school. Will this lawsuit directly affect them?

While we cannot control or predict what actions a school district may take, actions taken by a school district in retaliation for your participating in the lawsuit is serious and a violation of federal law. Your family’s privacy will be preserved to the fullest extent possible.  

When is the deadline to submit the IEP or 504 plan?

We will need that information and any other information you may have, including emails or letters from the school district related to its Covid-19 actions, as soon as you can.  They can be sent via email.

Most Common Issues for Children with Disabilities:

 Remote Instruction is Not Appropriate – Many children cannot focus for more than 5 minutes on a computer screen, many have vision issues, or require hand over hand instruction. 

 

 Not Accessible to All – Some parents were not provided with equipment, while others had problems connecting to WiFi.  Many parents said that the technology used by the teachers was not compatible with their devices.  

 

 Live instruction Not Provided – Very few teachers gave live instruction and when they did connections were erratic, with delays in audio and visuals, making it very frustrating for students. The most “meaningful” interactions have been teachers checking in through phone calls. Many parents have reported that YouTube videos were assigned by teachers and therapists.

 

Seeing Classmates and Teachers Online is Upsetting –  Students have had a mix of reactions from crying for hours because they miss their teachers, paras and classmates so much, to being so upset that the students are breaking their laptops or attempting to break their laptops.

 

 Parents Left to Teach – The sole responsibility of teaching was left to the parents who did not have proper training or skills. In addition, many families have more than one child with special needs – having 1 child with special needs is challenging enough, 50% of the families participating in the lawsuit have 2, 3 and even 4 children with special needs. 

 

 Regression, Aggression, Depression – Almost all parents have reported that they have seen their children regress and some have seen a loss in skills that took years for them to acquire. Almost all families have reported a big increase in aggression and self-injurious behavior.  The most devastating is hearing of kids, who were once happy in school are now suffering from depression.  

 

 Loss of income –  For most families hiring a caregiver to help implement remote instruction was not an option. Many families have had to take time off work or have lost their jobs, to care for their children and implement remote instruction. 

I want to help out with the ReOpen Class Action Lawsuit?

There are more than 7 million students in the United States between 3 and 21 years of age receiving special education services, under the Individuals with Disabilities Education Act (IDEA).  In mid-March 2020, school districts around the nation unilaterally closed schools, sent students and staff home to receive “remote learning”, or no services at all. Many parents had to quit or lost their jobs and some had to pay money out of their own pocket to do what the local school districts were getting paid to do: provide educational benefits to their disabled children! 

 

To this day, most school districts continue to violate the federal rights of students and their parents. Civil Rights attorney, Patrick Donohue, and Brain Injury Rights Group have filed a National Class Action Lawsuit on behalf of millions of special education students across the country. 

There are three ways to help with the ReOpen Class:

Make an Online Donation Your tax-deductible donation will help Brain Injury Rights Group* empower families and advocate for their educational rights in the ReOpen Class Action Lawsuit.

The ReOpen Class Action Lawsuit is committed to advocating and providing services to families and others who have a brain injury or brain-based disorder. If you would like to make a referral or interested in partnering with us, please do not hesitate to contact us through our contact form.

Connect With Us and don’t forget to Like and Share. By liking and sharing information for the ReOpen Class Action, you will help Civil Rights attorney, Patrick Donohue, and Brain Injury Rights Group reach millions of special education students across the country, who have had their federal civil rights violated under the Individuals with Disability Education Act (IDEA). Check us out on Social Media. Facebook, Instagram, Twitter and YouTube.

*Brain Injury Rights Group is a non-profit, tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. Donations are tax-deductible to the extent allowed by law.