The Legal Aid Society and Pillsbury Winthrop Shaw Pittman LLP announced a major agreement with New York City Public Schools (NYCPS) to improve the identification and support of students whose disabilities or mental health challenges make it difficult to attend school.

The agreement is the result of a lawsuit brought on behalf of students with disabilities experiencing school avoidance — a growing crisis that has intensified since the COVID-19 pandemic.

According to NYCPS’s own data, 46.1 percent of students with disabilities were chronically absent during the 2022-23 school year. The settlement requires a comprehensive, systemwide approach focused on identifying disability-related barriers and connecting students with appropriate supports and services.

“Students whose disabilities make it difficult to attend school deserve individualized supports that address the root causes of their absences, not just the absences themselves,” said Susan Horwitz, Director of the Education Law Project at Legal Aid. “The longer students experiencing school avoidance are out of school, the more difficult it becomes to help them return.”

“We are grateful that NYCPS worked collaboratively to develop a much-needed, systemwide process to identify students experiencing school avoidance early and provide individualized supports so that students with disabilities receive the services they need before they fall further behind,” she continued.

The settlement requires the City to provide a series of reforms, including new training for staff, clear and consistent guidance for schools, better family outreach and resources, and individualized attendance plans.