On November 5, 2021, Advocates for Children of New York filed a complaint with the US Department of Education’s Office of Civil Rights (OCR) against the NYC DOE and Zeta Charter School for Zeta’s removal of students from in-person to remote learning based on students’ disabilities.  The complaint describes how Zeta removed students from in-person classes based on behavior that Zeta claimed was “COVID Unsafe.”  These behaviors were manifestations of the students’ disabilities, but based on Zeta’s labeling of the behavior as COVID Unsafe, Zeta did not conduct a hearing, and neither Zeta nor the NYC DOE held a manifestation determination review (MDR).  The complaint alleges that the removals from in-person learning discriminated against students based on their disability in violation of Section 504 of the Rehabilitation Act, as well as the IDEA and due process.