Suspensions

Student discipline procedures for summer school are different from those used during the regular school year and are issued separately.

Types of Suspension

Principal's Suspension

A principal can suspend a student for one to five school days for behavior that presents a clear and present danger of physical injury to the student, other students or school personnel, or that prevents the orderly operation of classes or other school activities as authorized by the Discipline Code.

The parent of a student on principal’s suspension has the right to have a conference with the Principal. The principal must schedule the conference to occur within five days of the parent receiving the notice of suspension. The student must remain in class pending the conference unless the principal believes that the student’s presence in school poses a continuing danger or presents an ongoing threat of disruption to the academic process. During the conference, the principal and the parents should discuss what happened and how the parents and the school will address the student’s behavior. The school must provide parents an opportunity to present the student’s version of the event and to question a school official who knows about what happened. The Principal must conduct the conference him or herself.

Superintendent's Suspension

A superintendent suspension is imposed for more serious behavior and may result in a period of suspension for more than five school days, where authorized by the Discipline Code.

Superintendent's suspensions may be longer than five school days. The chief executive officer of the DOE Office of Safety and Youth Development (OSYD)/designee must approve suspensions of this type for for high school students. The suspension of students in grades K-8 must be authorized by the CEO/designee or the community superintendent, or other designee of the chancellor. A superintendent suspension is imposed for more serious behavior than a principal suspension, where authorized by the Discipline Code. A student who receives a superintendent suspension must be given the opportunity for a hearing where they can present evidence and witnesses and question the school’s witnesses and have counsel present.

Alternative Instruction

All students who are subject to a suspension must be provided with alternative instruction.

Principal’s Suspension

The home school will provide the student with alternative instruction in the home school. Elementary and middle school students (grades K-8) will be given a full-time instructional program. High school students (grades 9-12) will be given a minimum of two hours per day of instruction.

Superintendent's Suspension

• Elementary students will be assigned to a “buddy school” where students will be given a full-time instructional program.
• Students in grades 6-12 will be assigned to an Alternate Learning Center, where they will be given a full-time instructional program.

While on suspension, students will be given appropriate supports to enable them maximize their ability to meet social/behavioral and academic standards when they return to their home school.

Students with Disabilities

Students with Disabilities on suspension who are suspended for more than 10 consecutive school days, or for more than 10 cumulative school days in a school year as a result of a pattern of removals, are entitled to a Manifestation Determination Review. This review determines whether the behavior that led to the suspension was caused by, or had a direct and substantial relationship to, the student’s disability and/or was the direct result of the failure to implement the student’s IEP.

Appeals

Appeals of suspensions may be filed by a student, parent or by a representative acting on their behalf. All appeals must be must be filed in writing and set forth the grounds for appeal and the relief requested in accordance with the procedures and timeframes below.

Appeal of Principal’s Suspensions

An appeal of a principal's suspension shall be taken in the following sequence:

(a) to the Chief Executive Officer (CEO) of the Office of Safety and Youth Development by contacting the Borough Directors of Student Suspensions (contact information is below) within ten (10) school days of the effective date of the suspension; and

(b) to the Chancellor within twenty (20) school days from the CEO’s decision. Where a student files an appeal of a principal's suspension with the CEO, the principal must file a statement which sets forth the grounds for his/her suspension decision within five school days of the filing of the appeal and include any relevant records.

Appeals of Superintendent’s Suspensions

Appeals of Superintendent’s suspensions should be directed to:

The Chancellor
c/o The Office of Legal Services
52 Chambers Street, floor 3
NY NY 10007

An appeal of a Superintendent's suspension must be filed within twenty (20) school days of the date of the decision or ten (10) school days from receipt of the tape recording or hearing transcript, whichever is later. The reviewing authority may grant an extension of time for filing the appeal for good cause shown. When a student/parent/representative requests a copy of the tape/transcript/record of the hearing, the Suspension Hearing Office shall provide these materials expeditiously.

Pending determination of the appeal, the student or his/her parent or representative may request a temporary decision from the Chancellor concerning the student's suspension. Such a request for interim relief must be filed in writing with the Chancellor c/o the Office of Legal Services at the address given above.

Discipline Code

Read more at our Discipline Code page, or the full codes, below: