Brain Injury Law Group Files Class Action Lawsuit to Keep Schools Open - TAPinto.net
As COVID remains in the forefront of our daily lives, we have had all collectively shared one recent glimmer of hope. Current data indicates that children remain the least vulnerable to the virus. Yet, despite this unrefuted data, schools continue to close their doors to in-person learning citing covid concerns. While 2020 and 2021 standardized test results reflect the fact that New Jersey’s children are falling behind due to virtual learning, some schools continue to shut their doors regularly and transition to a remote learning model.
The Brain Injury Law Group recognized this critical problem and filed a class action lawsuit in federal court in Newark against a number of school districts that have closed their doors and provided a less effective education model.
The Brain Injury Group, founded by New York lawyer Patrick Donohue, advocates on behalf of families of children with disabilities. They cite the Individuals with Disabilities Education Act (IDEA) and their state-law analogues to take action against schools who disrespect the rights of special needs children. Under the law, schools must create an Individualized Education Plan (IEP) for children with disabilities and they cannot deviate from that plan.
Local lawyer Keri Donohue is representing the group in the District Court. The Group is filing both federal and state law claims, arguing, among other things, that remote learning violates the children’s right to a thorough and efficient education and that it violates IDEA’s requirement that IEPs be followed to the letter. Donohue notes that the school districts’ conduct is systemic and so severe that the Court needs to assign a monitor to ensure the schools carry out their duties under IDEA and its implementing regulations. Donohue knew that, as a lawyer, she needed to use her skills to end the suffering: “Once I heard the personal stories from these families and understood the level of learning loss and the hardship on these families, I had to get involved. I needed to do my part to help.”
Learning loss remains a serious problem for children of all ages and abilities, but it has had a particularly significant impact on children with disabilities. Because they have not had access to their teachers, therapists, and paraprofessionals, children with disabilities have seen a dramatic regression in their conditions. Needless to say, this case is being carefully followed by families throughout the state who have suffered tremendously during the pandemic. The State and named school districts will need to respond to Donohue’s motion within the week.
Jersey 1st is a grassroots organization founded by Rosemary Becchi that is committed to identifying, educating, and advocating for economic and social policies that put the interests of New Jersey families and businesses first. The people of New Jersey deserve representation from elected officials who prioritize lowering our tax burden, safely re-opening our schools, supporting law enforcement, addressing the voting process, advocating for the underrepresented, and having open dialogue about the critical issues facing our state currently.
Here is a link to our website for background: https://jersey1st.org/.
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source: https://www.tapinto.net/towns/chatham/columns/jersey-first/articles/brain-injury-law-group-files-class-action-lawsuit-to-keep-schools-open
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