Application for Change of Name of Minor Tuscarawas County

COMPLAINT

a Minor by

, as Guardian, and

individually

V.

COMPLAINT

COMES NOW

Plaintiffs in the above-styled and numbered cause, by and through their attorney, and files this their Complaint against Defendant, , and in support thereof would show unto the Court the following matters and facts:

1. Plaintiff Parent/Guardian is an adult resident citizen of , who brings this action on behalf of , his son, a minor. , resides at

2. is a nonprofit corporation duly organized and existing under the laws of the State of , located in , and may be served with process by serving at

3. is an adult resident citizen of

4. is an adult resident citizen of

5. At all material times , referred to below as Minor was a minor, years of age.

6. Minor entered , one of the Defendants herein, after

7. The reason , hereinafter called Parent/Guardian, chose to send Minor to said school was its representation that it specialized in Differentiated Instruction. Differentiated Instruction has been defined and explained in following manner.

"Not all students are alike. Based on this knowledge, differentiated instruction applies an approach to teaching and learning so that students have multiple options for taking in information and making sense of ideas. The model of differentiated instruction requires teachers to be flexible in their approach to teaching and adjusting the curriculum and presentation of information to learners rather than expecting students to modify themselves for the curriculum. Classroom teaching is a blend of whole-class, group and individual instruction. Differentiated Instruction is a teaching theory based on the premise that instructional approaches should vary and be adapted in relation to individual and diverse students in classrooms.¹

"To differentiate instruction is to recognize students varying background knowledge, readiness, language, preferences in learning, interests, and to react responsively. Differentiated instruction is a process to approach teaching and learning for students of differing abilities in the same class. The intent of differentiating is to maximize each student's growth and individual success by meeting each student where he or she is, and assisting in the learning process." ²

8. Defendant School, by and through its agents, advertised to the public and specifically promised and represented to Parent/Guardian that Minor would receive this kind of education and instruction. As used herein, the word public means

Parent/Guardian relied on this promise and representations to him and to the public. Without this promise and said representations Parent/Guardian would not have enrolled Minor in Defendant School.

9. Contrary to the above-mentioned promise and later assurances by Defendant School that Minor would receive this kind of education, Defendant School, by and through its agents, Defendant Headmaster and Defendant Teacher, refused to offer such an education to Minor and conspired to keep that fact from Parent/Guardian.

10. Defendant School, by and through its agents, did such advertising and gave such promises and assurances to Parent/Guardian and to the public, knowing that such an education was not being given to students and would not be given to Minor. Defendant School, by and through its agents, made such false promises and representations, and conspired to make such false representation, with the intent on deceiving the Parent/Guardian and the public.

11. The actions of Defendant School constituted a breach of contract with Parent/Guardian, fraud, fraud in the inducement and conspiracy in violation of the Racketeer Influenced and Corruption Organizations Act (RICO) of the state of

12. As a direct and proximate result of the above-mentioned fraud and misrepresentations, and breach of contract, both Parent/Guardian and Minor suffered mental pain and injury, mental anguish, and emotional distress.

13. As a direct and proximate result of the above-mentioned fraud and misrepresentations, Neither Minor nor Parent/Guardian received the benefits of said promises and representation and lost any benefit of the tuition he paid to Defendant School in amount of $

Therefore, Plaintiff demands that this Court grant judgment against each Defendant, jointly and severally, for compensatory damages of $ and punitive damages of $ plus interest from the date of judgment, the costs of this action, and such other relief as the Court deems just.

Respectfully submitted,

By:

State Bar No.

Plaintiffs' Attorney

OF COUNSEL: