A grieving mother is filing legal action against the Department of Education and the MTA following the death of her 11- year-old son.

Jaida Rivera says her son, Cayden Thompson, died on Sept. 16 while subway surfing.

The incident happened around 10:30 a.m. Monday - a time when he should of been at his middle school, Fort Greene Preparatory Academy.

Rivera says she knows he was dropped off at shool that day. She says a staff member saw her son eating breakfast in the cafeteria, but from there, it goes blurry.

She says he was marked absent but she wasn't told about it. Rivera says she believes this tragedy could have easily been avoided.

She and her lawyers are filing legal action against both the Department of Education and the MTA.

In response to Thompson's death, Demetrius Crichlow, interim NYC Transit president said, “this tragedy is another heartbreaking reminder that riding outside trains is not a game. It should not take more loss of young lives for those who would climb on top of subway cars to comprehend the devastating risk.”

Rivera's legal team plans on filing a notice of claim to the city agencies and says she intends to sue them.

The Department of Education also provided a statement in which Chancellor David Banks said his heart is "broken for the family, friends and loved ones of this young child, taken from us far too soon. Subway surfing is a dangerous epidemic in our city, and the risk is not worth a viral video or street cred. I implore all our community members to check in on the young people in their lives and remind them to always ride inside. We are providing additional supports to this school in the coming days and weeks."