The Legal Aid Society and Pillsbury Winthrop Shaw Pittman filed a lawsuit against New York City Public Schools (NYCPS) for failing to provide access to education to students with disabilities who are chronically absent or otherwise suffering from “school avoidance.” As a result, these students are systematically being denied their right to public education.

The lawsuit was filed on behalf of a group of parents and New York City students who are experiencing school avoidance, which can be caused by social or emotional disabilities such as severe anxiety or depression.

The complaint demands that NYCPS immediately develop and implement a process to identify, evaluate, and establish programming to help students experiencing school avoidance, as required by federal and state law.

“NYCPS is fully aware that school avoidance is a widespread problem, yet they have no process for identifying students and developing strategies for getting them back into school,” said Susan Horwitz, Supervising Attorney of Legal Aid’s Education Law Project. “Students can’t get an education if they’re not in school. If absences are the result of a disability, it is NYCPS’s job to find a way to get them back in.”

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