In October 2024, the Legal Aid Society and law firm Pillsbury Winthrop Shaw Pittman filed a class action lawsuit — C.S. v. New York City Public Schools — on behalf of four students with disabilities, including 16-year-old Manhattan 11th grader C.S. (agoraphobia, Major Depressive Disorder, Social Anxiety Disorder) and 15-year-old Queens ninth grader M.T. (autism, no functional behavior assessment ever conducted despite a documented tendency to elope from school).
The suit argued NYCPS had no systemwide policy to identify, evaluate, or support students whose disabilities were keeping them out of school — a denial of their right to a free appropriate public education (FAPE).
The complaint cited NYC's own data: 87,674 students with disabilities, 46.1% of that population, were chronically absent in the 2022-23 school year alone.
The city signed a settlement in late July/early August 2026. Legal Aid says it affects 1,600 NYC public schools and is one of the first districtwide school-avoidance frameworks in the country.
"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, Legal Aid's Education Law Project Director. NYCPS Deputy Chancellor Flavia Puello-Perdomo is the named DOE official commenting on the change.
Below is what the agreement requires, organized by category — the specific things parents can point to and hold the DOE accountable for, starting with the 2026-2027 school year.
For what this means in practice — and what to do if your child is struggling with school avoidance right now — read Jenn Choi's full breakdown.
Staffing & Structure
Every school must name a School Avoidance Liaison by October 31 each year — and if that person leaves the role, the school has 15 school days to name a replacement.
The Liaison has to be a real full-time staff member: a teacher, administrator, guidance counselor, or social worker — not just anyone handed the title.
The Liaison sits on the school's Attendance Committee.
When Avoidance Is Flagged
If a parent or student reports behavior that could indicate avoidance, the Liaison (or other staff) must make live outreach — a call or meeting attempt, not just a form letter.
Staff must tell parents about mental health programs, school-based mental health clinics, and the option to request a special ed evaluation or 504 accommodations.
If the student has an IEP, the reasons for absences must be shared with the IEP team.
Schools are supposed to work with families to build an "Attendance Success Plan" with concrete goals.
Evaluations
If a student is referred for evaluation and shows avoidance behaviors, the IEP team must consider a Functional Behavior Assessment and a Behavioral Intervention Plan.
Psychological updates can be done remotely, with parental consent, if avoidance is preventing an in-person evaluation.
If avoidance is keeping a student from being evaluated at school, the IEP team must consider an alternate location closer to home — and if no location works, it escalates to the supervisor of school psychologists.
Training & Resources
DOE must have real training materials ready by January 1, 2027, including guidance for talking with parents and a library of sample Attendance Success Plans.
Training goes to Liaisons, district staff, school-based mental health clinics, and community-based organizations working in DOE schools — not just the Liaison alone.
DOE has to publish a public-facing resource library for parents, in compliance with language-access rules.
Accountability
DOE has to report — to Plaintiffs' counsel, not just internally — which schools have a Liaison and which Liaisons have completed training, due by July 31 after the first school year.
If fewer than 85% of schools have a Liaison in place by then, DOE has to report again the following year.
DOE also has to formally propose the related change to Chancellor's Regulation A-210 to the Panel for Educational Policy.
The agreement runs through June 2028, with reporting obligations extending to July 2028.
For more NYC special education coverage, visit the Lighthouse homepage.