In a previous Legal Update, we discussed the recently dismissed IDEA class action lawsuit, J.T. v. DeBlasio, filed in the District Court for the Southern District of New York as a result of the COVID-19 pandemic. This Legal Update provides additional information related to the case.

In July of 2020, the Plaintiffs’ complaint was filed against every school district in the United States alleging that all districts have violated the IDEA when deciding to close schools in March 2020, due to the COVID-19 pandemic. On November 13, 2020, the District Court for the Southern District of New York dismissed the case against all Defendants, including all Wisconsin School Districts.

On December 11, 2020, the Plaintiffs’ counsel appealed the dismissal via a notice of appeal to the United States Court of Appeals for the Second Circuit.  The record is currently being transmitted to the Second Circuit. Once the full record has been received, the parties will submit briefs on the matter.

If you have any questions about this Legal Update, please contact Attorney Emily Turzinski at 262-364-0268 or eturzinski@buelowvetter.com , or Attorney Gary Ruesch at 262-364-0263 or gruesch@buelowvetter.com , or your Buelow Vetter attorney.