City Schools Overhaul Approach to Student Attendance Barriers

New York City’s public school system has committed to a comprehensive policy shift regarding "school avoidance," a term used to describe students who struggle to attend class due to emotional or psychological challenges. The agreement, which settles a 2024 class action lawsuit, aims to replace inconsistent local practices with a standardized, district-wide framework.

The lawsuit, brought by the Legal Aid Society and the firm Pillsbury Winthrop Shaw Pittman, alleged that the Department of Education lacked a cohesive strategy to support students whose attendance was hindered by conditions like anxiety or depression. Plaintiffs argued that the city’s previous approach often relied on stopgap measures—such as suggesting transportation changes or homeschooling—rather than addressing the underlying emotional barriers to education.

Under the terms of the settlement, the school system will implement several structural changes. Most notably, every public school will be required to designate a "school avoidance liaison" by October 31 of each year. These staff members will serve as primary points of contact for families navigating these challenges. Additionally, the Department of Education is tasked with developing training resources for staff and families by early 2027 to ensure stakeholders are informed about legal rights regarding special education evaluations and disability accommodations.

A significant hurdle addressed by the agreement is the "catch-22" of special education evaluations. Previously, students who were not physically present in school buildings often faced delays in receiving necessary assessments, as schools frequently cited the student's absence as a barrier to conducting the evaluation. The new policy permits schools to conduct these psychological evaluations remotely or at alternative locations, ensuring that students can access support services even if they are currently unable to attend in-person classes.

Susan Horwitz, director of the Education Law Project at the Legal Aid Society, noted that the reforms are intended to provide individualized support that targets the root causes of absenteeism. The agreement emphasizes that when a student finds it difficult to remain in the classroom, schools are legally obligated to conduct evaluations to determine if the behavior is linked to a disability. By integrating behavioral assessments into the Individualized Education Program (IEP) process, the city aims to create a more proactive system for student reintegration.

This settlement marks one of the first district-wide frameworks of its kind in the United States, potentially impacting the educational experience for tens of thousands of students across the city's 1,600 public schools.