Special education is accused of failing students as school absences increase, according to a lawsuit.


New York City is facing a class-action lawsuit filed by the Legal Aid Society, alleging that the city consistently fails to provide special education services to students with disabilities. The lawsuit highlights the challenges faced by tens of thousands of children who struggle to attend school due to emotional disabilities such as anxiety and depression. These students have the right to receive accommodations under federal law, but the Education Department is accused of falling short in evaluations, support services, and creating effective plans for these students. The lawsuit features the case of a 16-year-old student, identified as H.B., who experiences anxiety that hinders his ability to attend classes. Despite his mother's efforts to secure a special education plan, delays in receiving support led to further challenges for H.B. The lawsuit emphasizes the impact of chronic absenteeism on students with disabilities, with a significantly higher rate compared to their general education peers. The Legal Aid Society argues that the issue of absenteeism among students with disabilities is directly linked to systemic failures in the public school system. The lawsuit calls for a standardized procedure to address students' needs and facilitate their return to school. The case also sheds light on the disparities faced by low-income families in accessing support services compared to their wealthier counterparts. The Education Department responded by stating its commitment to reducing barriers to student attendance, particularly for students with disabilities. However, the lawsuit points out various shortcomings in how schools handle absenteeism, including directing families to homeschooling or failing to provide adequate support. The legal action aims to bring attention to the struggles faced by students like H.B. and M.T., a 15-year-old with autism, who have encountered obstacles in receiving necessary services and accommodations. While the lawsuit may not change the experiences of these students, it seeks to improve the situation for others in similar circumstances.



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