What Are the Laws in New York on School Suspensions?
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"New York Education Law §3214 states, '[t]he board of education, board of trustees or sole trustee, the superintendent of schools, district superintendent of schools or principal of a school may suspend the following pupils from required attendance upon instruction: A pupil who is insubordinate or disorderly or violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others.'
In New York, a suspension cannot be longer than five days without due process. Whereas Connecticut refers to an expulsion as a suspension longer than 10 days, New York only uses the term expulsion to refer to a permanent exclusion from the school, which is an extreme penalty and is usually only imposed if the student poses a serious danger to others. Any ban that is not permanent is referred to as a suspension in New York, and in some circumstances, a suspension may last for over a year."
What constitutes a “disruptive pupil”?
"A disruptive pupil is 'an elementary or secondary student under twenty-one years of age who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom.'
Read more about the law in New York on school suspensions and other aspects of education law in our education publication here: https://mayalaw.com/wp-content/uploads/2023/11/Education-Publication.pdf
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Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry and is widely regarded by both clients and legal professionals as a significant honor.
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