Parents sue Chicago Public Schools after 10-year-old boy choked to death at Clissold Elementary

CBS News

3 days ago

The parents of a 10-year-old boy who died after choking on food while suffering a seizure at school have filed a lawsuit against the Chicago Public Schools, accusing his school of failing to properly supervise him.
Kody Townsend suffered from a seizure disorder known as Lennox Gastaut Syndrome, and had other developmental delays that required him to have an aide supervising him at all times at school, including while eating, according to the lawsuit his family filed in Cook County Circuit Court.
He also had an individualized education plan and a seizure action plan that included two different methods that a paraprofessional or nurse could administer in the event he suffered a seizure.
On Oct. 18, 2024, while eating at Clissold Elementary School in the Morgan Park neighborhood, Kody suffered a seizure and began choking on a piece of food, according to the lawsuit.
At the time, the paraprofessional assigned to him was not supervising him as required, and school officials failed to notify a nurse of his seizure so the nurse could administer either of the two treatments for halting it.
The lawsuit claims that, because Kody wasn't being properly supervised, school staff weren't aware he was choking, and when paramedics arrived nine minutes after his seizure began, they knew nothing about the food lodged in his airway as he went into cardiac arrest.
It wasn't until he got to the emergency room that doctors discovered he was choking, but doctors were unable to save him.
"Kody was an awesome child who was more than just his disabilities. He was a great big brother, grandson, and nephew. He shared the best hugs and kisses a child could give, and his smile would light up the room everywhere he went. He was a delight to be around. His father and I truly pray that his entire story, including both the joyous and the tragic parts, will bring awareness and support to other families with children like Kody while in school," Kody's mother, Lakeisha Monica Jones-Townsend said in a statement. "No parent should send their child to school in the morning and not be able to welcome them home in the afternoon. We do not want to see what happened to us happen to any other family."
A Chicago Public Schools spokesperson issued the following statement:
"Chicago Public Schools (CPS) is committed to the safety and well-being of our students. The district does not provide comments on ongoing litigation."