CHICAGO, IL — The family of a 10-year-old student, Kody Townsend, has filed a lawsuit against Chicago Public Schools (CPS), claiming that negligence by school staff led to their son’s tragic death after a choking incident last October.
Townsend, a student at Clissold Elementary School, had an Individualized Education Program (IEP) due to a developmental delay and history of seizures, requiring him to have constant adult supervision while at school.
Choking Incident Raises Questions About Supervision
According to the family, the incident occurred on October 18, 2024, when Kody began choking on food while at school. The lawsuit alleges that no staff member was monitoring him at the time, despite his documented needs for close supervision as part of his IEP.
He was rushed to a local hospital, but died shortly after from complications.
“They weren’t watching him,” said Lakeisha Jones-Townsend, Kody’s mother. “No parent should send their kid to school and not see them the next.”
Parents Demand Accountability
Kody’s parents, Lakeisha and Travis Townsend, have filed suit not only against CPS, but also the Board of Education and the City of Chicago. The suit accuses all parties of failing to uphold the care responsibilities laid out in Kody’s education and health plans.
“I want his story to be heard, and I want people and staff to be taken accountable,” said Lakeisha. “They need to be held accountable for what happened to Kody.”
The family remembers Kody as the “family jokester,” a caring boy who was always helping others and making people laugh.
CPS Responds To Allegations
In response to the lawsuit, Chicago Public Schools released a brief statement:
“Chicago Public Schools is committed to the safety and well-being of our students. The district does not provide comments on ongoing litigation.”
The school district has not issued any further public comment or disclosed whether any internal investigations have been launched into the incident.
Legal Case Moving Forward
The family’s lawsuit alleges that the school’s failure to provide immediate help — compounded by an inadequate emergency response — contributed to the severity of Kody’s choking episode.
The case is currently pending in court, with attorneys for the Townsend family seeking financial damages and a formal investigation into staff conduct on the day of the incident.
Community Reaction
Kody’s death has reignited concerns about special education compliance and safety protocols in Chicago’s public schools, particularly when it comes to vulnerable students with medical needs.
No protest actions have been announced yet, but advocates for special education reform say this case illustrates broader problems in how IEP plans are implemented and monitored in schools across the city.
Has your child experienced similar issues with safety or supervision in school despite having an IEP or medical plan? Share your story and thoughts in the comments to help raise awareness and push for better protections for all students.
