CHICAGO (WLS) — A 10-year-old boy died after he choked on food at a Chicago school, according to his family.

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Parents Travis and Lakeisha Jones-Townsend shared that their son, Kody Townsend, had an Individual Education Plan due to seizures and a developmental delay, necessitating constant supervision while at school.

The Clissold Elementary School student died on October 18, according to a new lawsuit issued by the family.

“Some people are like ‘oh you’ll get over it.’ When? How? Because I can’t,” Lakeisha Jones-Townsend said.

Kody’s parents said he was the family jokester, helper and always knew what people needed.

“I loved my son Kody,” Travis Townsend said. “I miss him dearly we all miss dearly.”

The parents allege in the lawsuit that he wasn’t supervised when he choked on food at school and later died at a local hospital.

“No parent should send their kid to school and not see them the next,” Lakeisha Jones-Townsend said.

The family filed a lawsuit against Chicago Public Schools, the school board and the city alleging negligence in Kody’s death.

The lawsuit alleges that the response from the school staff complicated his condition.

“I want his story to be heard, and I believe people and staff should be held accountable,” expressed Lakeisha Jones-Townsend. “They need to be responsible for what transpired with Kody.”

Chicago Public Schools issued the following statement:

“Chicago Public Schools (CPS) prioritizes the safety and well-being of our students. The district refrains from commenting on ongoing litigation.”