WHEREFORE, Plaintiffs respectfully request that judgment be entered in their favor and against Defendants as follows:
a.
An order and judgment declaring that the Defendants violated the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution; Individuals with Disabilities Education Act (20 U.S.C. § 1400, et seq.); Title II of the Americans with Disabilities Act (42 U.S.C. § 12101, et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794, et seq.); and, State Constitutions or Statutes; and
b.
An order for a Preliminary Injunction directing Defendants to either immediately reopen the schools for the purpose of providing Plaintiff-Students with their educational programs, placements and services as per their current IEP; or in the alternative, an order directing Defendants to immediately issue vouchers for Plaintiff-Parents to self-cure as much as possible of the Plaintiff-Students educational programs, placements and services; and
c.
An order directing Defendant School Districts to immediately conduct extensive independent evaluations of Plaintiff-Students for the purpose of ascertaining their current levels of educational performance; and
d.
An order directing Defendant School Districts to establish and provide compensatory education plans for Plaintiff-Students based upon the extensive independent evaluations and because of the educational regression caused by the failure to provide a FAPE; and
e.
An order directing Defendants to reimburse, as compensatory damages, Plaintiff-Parents for employment loss or out-of-pocket expenses incurred as a result of the failure to provide Plaintiff-Students with their educational programs, placements, and services as per their current IEPs; and
f.
An order directing Defendants to pay Plaintiff-Parents, a sum in the amount to be determined, as punitive damages, based on the intentional and willful violations of Section 504, ADA, State Constitutions and Statutes, IDEA, and Section 1983; and
g.
An award of costs and attorney’s fees pursuant to 29 U.S.C. § 794(a)(b); 42 U.S.C. § 12205 , 34 C.F.R.. § 330.517 and Federal Rules of Civil Procedure 23(h); and
h.
Awarding such other and further relief as this Court deems just and proper.
Dated: July 27, 2020
Respectfully submitted,
/ s: Peter Albert /
Peter Albert, Esq.
Brain Injury Rights Group,
LTD. 300 E 94th Street – Suite 130
New York, NY 10128
(646) 850-5035
/ s: Patrick B. Donohue /
Patrick B. Donohue, Esq.
Patrick Donohue Law Firm PLLC
55 W 116th Street – Suite 159
New York, NY 10026
(917) 359-4556
