First Claim

Violations of the Civil Rights Act   

(42 U.S.C. § 1983) 

(All Plaintiffs against all Defendants) 

155.

The Plaintiffs realleges and incorporates by reference all of the allegations and the paragraphs above as is fully set forth herein.

156.

The Defendants’ failure to maintain Plaintiff-Students’ educational program, as per their IEPs deprived Plaintiff-Students of their rights to a free appropriate public education and due process under IDEA and the regulations promulgated thereunder, and thus deprives them of rights secured by federal law in violation of 42 U.S.C. § 1983.

157.

Plaintiff-Students are entitled to declaratory relief, temporary, preliminary, and permanent injunctive relief, to restore their educational programs and related services.

Second Claim

Violations of the Civil Rights Act

(42 U.S.C. § 1983)

(All Plaintiffs against all Defendants)

158.

The Plaintiffs realleges and incorporates by reference all of the allegations and the paragraphs above as is fully set forth herein.

159.

The Defendants’ failure to maintain Plaintiff-Students’ educational program, as per their IEPs deprived Plaintiff-Students of their rights to a free appropriate public education and without due process of law, as secured by their State Constitution or Statute, in violation of their Due Process Clause of the Fourteenth Amendment of the United States Constitution. Such actions by Defendants deprives Plaintiffs of rights secured by federal law in violation of 42 U.S.C. § 1983.

160.

Plaintiffs-Students are entitled to declaratory relief, temporary, preliminary, and permanent injunctive relief, to restore their educational programs and related services.

Third Claim

Violations of the Individuals with Disabilities Education Act (IDEA)

(20 U.S.C. § 1401, et seq., 34 C.F.R. Part 300)

(All Plaintiffs against all Defendants)

Failure to Comply with Procedural Requirement of IDEA

161.

The Plaintiffs realleges and incorporates by reference all of the allegations and the paragraphs above as is fully set forth herein.

162.

Defendants failed to comply with the procedural requirements of IDEA, including, but not limited to, notice of a change in the Plaintiff-Students’ educational program and placement and the unilateral, substantial and material modification of the Plaintiff-Students’ educational program and placement.

163.

Defendants failed to ensure that procedural requirements guaranteeing parental participation and due process were used or provided.

164.

Defendants failed to comply with the procedural requirements of IDEA and denied Plaintiff-Students a free appropriate public education as required by law.

165.

Based on the foregoing, Plaintiff-Parents rights and those of their Plaintiff-Students were violated under IDEA, 20 U.S.C. § 1401, et seq., 34 C.F.R. part 300.

Fourth Claim

Violations of the Individuals with Disabilities Education Act (IDEA)

(20 U.S.C. § 1401, et seq., 34 C.F.R. Part 300)

(All Plaintiffs against all Defendants)

Failure to Provide Pendency Under IDEA

166.

The Plaintiffs realleges and incorporates by reference all of the allegations and the paragraphs above as is fully set forth herein.

167.

Defendants violated Plaintiffs’ pendency rights pursuant to 20 U.S.C. § 1415(j), by failing to provide an educational program and placement that maintained the Plaintiff-Students’ educational program and placement during the pendency of the due process complaint.

168.

Based on the foregoing, Plaintiff-Parents rights and those of their Plaintiff-Students were violated under IDEA, 20 U.S.C. § 1401, et seq., 34 C.F.R. part 300.

Fifth Claim

Violations of the Individuals with Disabilities Education Act (IDEA)

(20 U.S.C. § 1401, et seq., 34 C.F.R. Part 300)

(All Plaintiffs against all Defendants)

Failure to Provide a Free Appropriate Public Education Under IDEA

169.

The Plaintiffs realleges and incorporates by reference all of the allegations and the paragraphs above as is fully set forth herein.

170.

Defendants failed to provide a FAPE pursuant to a proper Individualized Education Program (IEP) for the Plaintiff-Students that was reasonably calculated to enable the Plaintiff-Students to receive educational benefit as required by IDEA, 20 U.S.C. § 1401, et seq., 34 C.F.R. part 300.

171.

Defendants failed to comply with the substantive requirements of IDEA and denied Plaintiff-Students a free appropriate public education as required by law.

172.

Defendants violated Plaintiffs rights for a FAPE when the Defendants unilaterally, materially and substantively modified the Plaintiff-Students’ educational program by substituting remote services for in-person services, constituting an unlawful change in the program and placement.

173.

Based on the foregoing, Plaintiff-Parents rights and those of their Plaintiff-Students were violated under IDEA, 20 U.S.C. § 1401, et seq., 34 C.F.R. part 300.

Sixth Claim

Violations of the Plaintiffs’ State Laws and Regulations

(All Plaintiffs against all Defendants)

Failure to Provide a Free Appropriate Public Education as per Plaintiffs’ State Laws and Regulations

174.

The Plaintiffs realleges and incorporates by reference all of the allegations and the paragraphs above as is fully set forth herein.

175.

Defendants failed to ensure that procedural requirements guaranteeing parental participation and due process were used or provided.

176.

Defendants failed to comply with Plaintiffs’ respective state procedural requirements denied the Plaintiff-Student a FAPE as required by Plaintiffs’ respective state law.

Seventh Claim

Violations of Section 504 of the Federal Rehabilitation Act 

(Section 504) 

(29 U.S.C. § 794, et seq.) 

(All Plaintiffs against all Defendants) 

Failure to Provide a FAPE 

177.

The Plaintiffs realleges and incorporates by reference all of the allegations and the paragraphs above as is fully set forth herein. 

178.

Defendants discriminated against Plaintiff-Students’ by failing to provide access to a FAPE pursuant to their IEPs. By denying services pursuant to the students’ IEPs, the LEAs unlawfully denied access to appropriate educational services as compared to the educational services received by non-disabled students. 

179.

Based on the foregoing, Plaintiff-Parents rights and those of their Plaintiff-Students were violated under Section 504, 29 U.S.C. §794, et seq. 

Eighth Claim

Violations of Section 504 of the Federal Rehabilitation Act (Section 504) 

(29 U.S.C. § 794, et seq.) 

Compensatory Damages 

180.

The Plaintiffs realleges and incorporates by reference all of the allegations and the paragraphs above as is fully set forth herein. 

181.

Due to the Defendants’ failure to provide the Plaintiff-Students with a FAPE, the Plaintiff- Parents were forced to pay out-of-pocket expenses for educational services, special education related services (including paraprofessional and nursing services) that were cut off by Defendants. 

182.

Additionally, and due to the Defendants’ failure to provide the Plaintiff-Students with a FAPE, some Plaintiff-Parents lost income or employment when in order to fill the void in providing their children with educational and/or related services that were cut off by Defendants, personally provided or supervised such services for their disabled children. 

183.

Based on the foregoing, Plaintiff Parents rights and those of their Plaintiff-Students were violated under Section 504, 29 U.S.C. §794, et seq. 

Ninth Claim

Violations of Section 504 of the Federal Rehabilitation Act 

(Section 504) 

(29 U.S.C. § 794, et seq.) 

(All Plaintiffs against all Defendants) 

Punitive Damages 

184.

The Plaintiffs realleges and incorporates by reference all of the allegations and the paragraphs above as is fully set forth herein. 

185.

Due to the Defendants’ intentional and willful failure to provide the Plaintiff-Students with a FAPE, the Plaintiff-Parents and Plaintiff-Students were injured in fact. 

186.

Based on the foregoing, Plaintiff-Parents rights and those of the Plaintiff-Students were violated under Section 504, 29 U.S.C. §794, et seq. 

Tenth Claim

Violations of Title II of the Americans with Disability Act (ADA) 

(42 U.S. Code § 12101, et seq.) 

(All Plaintiffs against all Defendants) 

Failure to Provide Aid, Benefit, or Service Based on Plaintiff-Students’ Disability

187.

The Plaintiffs realleges and incorporates by reference all of the allegations and the paragraphs above as is fully set forth herein. 

188.

Defendants failed to provide in-person academic special education and related services that have been provided to other special education students, thereby violating the civil rights of the Plaintiff-Students as per Title II of the Americans with Disabilities Act (“ADA”), 42 U.S. Code § 12101, et seq. 

189.

Due to the Defendants’ failure to provide the Plaintiff-Students with a FAPE, the Plaintiff- Students were subjected to unlawful discrimination solely on the basis of their disability. Essentially, the Plaintiff-Students were denied the opportunity to participate in or benefit from the special education program and services as per their IEPs, or was otherwise discriminated against solely because of their disability. 

190.

Based on the foregoing, Plaintiff-Parents rights and those of their Plaintif-Students were violated under the ADA, 42 U.S.C. §12101, et seq. 

Eleventh Claim

Violations of State Constitution or Statutes 

(See Appendix F) 

(All Plaintiffs against all Defendants) 

Failure to Provide Educational Benefits 

191.

The Plaintiffs realleges and incorporates by reference all of the allegations and the paragraphs above as is fully set forth herein.