The mother of a special needs student who choked to death at her school Tuesday is planning to file a civil lawsuit against the New York City for millions of dollars in damages.

Dyasha Smith, 21, was a student at the School for International Studies on Baltic Street in Cobble Hill. School officials say Smith, who has autism, choked while eating food in class.

Smith was taken to Methodist Hospital where she was pronounced dead.

Her mother, Catherine Smith, says the school knew that her food needed to be cut up. Her attorney David Perecman says Dyasha was required to have a one-on-one paraprofessional with her at all times.

Perecman says something needs to change within the Department of Education. He also represented Avonte Oquendo's family, the 14-year-old boy with autism who ran out of his school and was found dead months later.

"I hope the Department of Education takes a good, hard long look at what they're doing," said Perecman.

The attorney says eventually individuals, including that paraprofessional who was supposed to be watching Dyasha, will be named in the lawsuit.