Dyasha Smith, 21, choked to death on a muffin in her Cobble Hill school.
The suit alleges negligence in the death of the teen, who went missing from his school in October.
The family's lawyer says Avonte made a similar attempt to run a day prior to his disappearance.
The case has been turned over to the Queens District Attorney's office for review.
Avonte Oquendo's family asked to look at the NYPD's investigation into the death of the autistic teen.
The video shows the autistic teen running out of the school through an open door.
The devices would be voluntary and designed for parents of children who have a tendency to "bolt."
Vanessa Fontaine is seeking access to NYPD documents surrounding her son's disappearance on Oct. 4.
The bones were found on a beach and identified as Avonte's on Tuesday afternoon, police said.
Investigators found a skull in College Point that they believe belonged to Avonte Oquendo.
The DOE will increase security after the disappearance of Avonte Oquendo, Chancellor Dennis Walcott said.
Police have confirmed that the young man pictured in a photo circulating online is not Avonte Oquendo.
The family of Avonte Oquendo remain hopeful as the search for the missing teen enters its third week.
Investigators were continuing their search for Avonte Oquendo, who disappeared from his school Oct. 4.
The reward for the return of Avonte Oquendo has been increased to $70,000.
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