Rights and Responsibilities of NYS Students

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        It is the right of a student to be given a suspension hearing when being accused of violating the school's code of conduct.


When a Student is Suspended

Guidelines for Students and Parents


  1. The rights of students subject to suspension are the same whether the student has a disability or not if the suspension is for 10 days or less. When a student is suspended for 5 days or less, and the student denies the misconduct, the parents and the student have the right to an informal conference, which includes the right to question complaining witnesses. If the suspension is greater than 5 days, there is a right to a fair hearing before the school superintendent, or an appointed hearing officer. During any period of suspension, alternative instruction must be provided for students of compulsory school age.

  2. When suspensions of greater than 10 days are contemplated, special rules apply to children with disabilities. If your child has been classified with a disability and has an Individual Education Program (IEP) in place, the procedures apply as set forth in # 5 below.

  3. If your child has not been classified with a disability, but you suspect your child has one, submit a written request to the school for a complete evaluation of your child.



  1. If you have requested an evaluation (in writing) prior to your child's suspension, then he or she is "presumed to have a disability for discipline purposes," and you follow the procedures set forth in # 5 below. A student is also presumed to have a disability for discipline purposes if one or more of the following criteria have been met:

  1. If your child has a disability, or is presumed to have a disability for discipline purposes, and is suspended for more than 10 consecutive days, this is considered a disciplinary change of placement, and the following procedures apply:

  1. Manifestation Determination ( whether the behavior subject to disciplinary action is a manifestation of the students disability) - A meeting must take place immediately if possible, but no later than 10 school days after the decision is made to impose a disciplinary change of placement. The students parents are entitled to attend the meeting and to request the participation of relevant members of the CSE. A manifestation team must consider all relevant information pertaining to the behavior, including:

     Based on such considerations, the manifestation team must determine that the students behavior was a manifestation of  his or her disability if either:

     A student with a disability whose behavior is determined to be a manifestation of his or her disability cannot be suspended or removed from his or her current educational placement except when:

       In such cases, a student with a disability may be suspended for up to 45 school days. ( See Sections 201.7(e) and 201.8 of the Regulations of the Commissioner.)

  1. During a suspension which constitutes a disciplinary change of placement, a student with disabilities is entitled to services to enable the student to continue to participate in the general education curriculum, to progress toward meeting the student's IEP goals and to receive behavioral intervention services to prevent the behavior violation from recurring. ( See Sections 201.10 (d) of the Regulations of the Commissioner.)

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