The head of New York's new schools promises to tackle stubbornly high absenteeism

New York City's new schools chancellor, Melissa Aviles-Ramos, said Sunday she wants to get to the bottom of why so many students are missing classes. New data highlights a nationwide absenteeism crisis and a class-action lawsuit alleging the city is failing to provide adequate educational access for students with mental health issues.

Speaking to Mayor Eric Adams on his WBLS 107.5 radio show on Sunday, Aviles-Ramos said she knew firsthand about the “barriers” that keep children out of school, having grown up in the Bronx and having struggled to afford the bare necessities such as food and clothing.

“Sometimes we didn’t know where our meals would come from. The community helped us get coats and food,” she said. “So we need to figure out what those barriers are and work together family to family and help get kids to school.”

Aviles-Ramos will take over leadership of the school system this week from current Chancellor David Banks, who announced his resignation weeks after his home was searched by federal investigators and his phones were seized as part of another probe into senior Adams administration officials. It's unclear what exactly authorities were looking for, but Banks has denied any wrongdoing.

Aviles-Ramos has promised to continue the government's focus on literacy and career pathways, which officials say is part of a broader strategy to keep children on track through graduation.

But the headwind is strong. Earlier this month, New York State Comptroller Tom DiNapoli released a report saying student absenteeism, which has surged during the pandemic, remained stubbornly high.

In the 2022-2023 school year, nearly one in three students in the state were chronically absent, meaning they missed 10% or more of school days, according to DiNapoli. Absenteeism was particularly high among black and Latino students, students living in poverty, and students with disabilities. The New York data reflects national trends: About 14 million children nationwide are considered chronically absent.

Adams administration officials have praised Aviles-Ramos' success as principal at Schuylerville Preparatory High School, where she increased the graduation rate from 23% to 83% in two years. However, the future Chancellor did not provide any information on the Sunday radio show about how she plans to tackle absenteeism across the system.

“Schools are well equipped to monitor attendance,” she said. “They’re on the phone. They have in-person teachers. They have school counselors and social workers to help. But what we really need to do is connect with our families…Everyone wants their kids to come to school.”

As Chalkbeat New York reported last year, city officials have pointed to some new initiatives — such as giving principals authority over in-person teachers working with individual schools and creating new virtual and hybrid programs — as efforts to address the crisis.

But a new class action lawsuit filed by the Legal Aid Society against the public school system claims the city isn't doing nearly enough, particularly for students with disabilities. According to the lawsuit, more than 46% of New York City students with disabilities were chronically absent during the 2022-2023 school year.

The lawsuit accuses the city's public schools of “systematic failure to provide equal access to education for students with disabilities who are chronically absent or otherwise suffering from school avoidance.” This failure, the lawsuit states, violates the rights guaranteed by the Individuals with Disabilities in Education Act (“IDEA”), the Americans with Disabilities Act, the New York State Constitution and the New York Human Rights Law.

Plaintiffs include students with anxiety, depression, ADHD, autism spectrum disorder, or a combination of these diagnoses. The lawsuit states that some plaintiff parents were repeatedly told to pick up their children early, while others were encouraged to homeschool without providing them with the support they needed.

Cecilia Rodriguez, whose daughter is among the plaintiffs, said she and her husband took turns sitting outside their classroom with their daughter for weeks as she refused to enter until the school recommended home schooling. Then she was shocked at how little guidance she received on how to homeschool her children.

“I’m not a teacher, I don’t know what I’m doing,” Rodriguez said. “She has to do so much more than she did at home. She needs to learn.”

Susan Horwitz, senior attorney for the Legal Aid Society's Education Law Project, said the school system needs to find a better plan to encourage students struggling with truancy to return.

“Students cannot receive an education if they do not go to school. If absences are due to a disability, it is the school system’s job to find a way to re-include them,” she said.

In a statement, Education Department spokesman Chyann Tull said the school system is committed to breaking down barriers for children and helping them overcome any resistance they may have.

“We know this is an issue among our most vulnerable students, including students with IEPs, and so we provide instructional supports, paraprofessional services and mental health services based on students’ individual needs,” she said.

Correction: This story has been updated to reflect that plaintiffs in a lawsuit against the public school system say they were encouraged to homeschool their children with little support.