NYC School Suspensions: Defend Your Child in Court

Why this matters

A school suspension can jeopardize grades, special education services, graduation timelines, and even college or employment opportunities. In some situations, schools may refer incidents to outside agencies (for example, the NYPD) for possible investigation, which can lead to Family Court or criminal matters. Prompt, informed action can protect your child’s education and legal rights.

Types of school suspensions in NYC

NYC schools use several forms of discipline, including classroom removals, principal’s suspensions (typically five school days or fewer), and superintendent’s suspensions (potentially longer than five days). Procedures and appeal options differ by type.

• Principal’s suspensions (≤ 5 school days): Require notice to the parent/guardian and an opportunity for an informal conference with the principal. See Education Law § 3214(3)(b)(1); also see the NYC DOE Discipline Code.
• Superintendent’s suspensions (> 5 school days): The student and parent must be offered a fair hearing on reasonable notice with the rights to representation by counsel, to present evidence, and to question witnesses. See Education Law § 3214(3)(c)(1); see also NYC DOE policy (e.g., Chancellor’s Regulation A-443) at Chancellor’s Regulations.
• Alternative instruction: Schools must provide appropriate alternative instruction to students who are suspended. See Education Law § 3214(3)(e).

Your child’s due process rights

Before a student can be removed from school for disciplinary reasons, basic due process applies. At minimum, the student and parent/guardian must receive notice of the alleged misconduct and an opportunity to respond.

• Short-term (five days or less): Parents must receive written (and, where possible, oral) notice and be offered an informal conference with the principal, at which they may present the student’s side and are authorized to question complaining witnesses. See Education Law § 3214(3)(b)(1).
• Long-term (more than five days): The student is entitled to a formal hearing with reasonable notice and the rights to be represented by counsel, present evidence, and question witnesses. See Education Law § 3214(3)(c)(1). NYC DOE procedures are further detailed in the Discipline Code and Chancellor’s Regulations (see A-443).

When school discipline becomes a court case

Some school incidents may be referred to law enforcement. Depending on the student’s age and the allegations, cases can proceed in Family Court as juvenile delinquency matters or, for certain older youth and charges, in criminal court. See the New York Courts overview of juvenile delinquency (Family Court Act, Article 3): NY Courts: Juvenile Delinquency; statute text at FCA Article 3.

Important: Statements students or parents make during school investigations or hearings may have legal consequences if there are parallel investigations or proceedings. While school administrators are not law enforcement, student records and information may be disclosed in limited circumstances (for example, in a health or safety emergency or in response to a subpoena) under the Family Educational Rights and Privacy Act (FERPA). See 34 C.F.R. Part 99 (e.g., §§ 99.31(a)(9) and 99.36).

How an attorney can help right away

• Evaluate notices and evidence; request records, videos, and witness information.
• Prepare the student to testify—or advise remaining silent—when there are parallel investigations.
• Present mitigating evidence, character references, and education plans.
• Ensure special education rights are honored, including timely manifestation determinations when applicable.
• Negotiate outcomes that minimize time out of class and protect the student’s record.
• Coordinate strategy if the NYPD, Family Court, criminal court, or other agencies become involved.

Special education and disability-related incidents

Students with IEPs or 504 Plans have additional protections under federal and state law. If discipline would change a student’s placement (for example, removals beyond 10 school days in a school year), the team must hold a Manifestation Determination Review (MDR) within 10 school days to decide if the conduct was related to the disability or the school’s failure to implement the IEP. See 34 C.F.R. § 300.530(e); NYSED guidance at NYSED: Discipline of Students with Disabilities.

Even when removed, students with disabilities must continue receiving educational services that enable participation in the general curriculum and progress toward IEP goals (often in an interim alternative educational setting). See 34 C.F.R. § 300.530(d).

Appeals and records

Disciplinary determinations can be appealed within the school system (per NYC DOE policy) and, in appropriate cases, to the New York State Commissioner of Education under Education Law § 310 (see NYSED’s Appeals to the Commissioner). Deadlines and procedures vary by suspension type and outcome.

Families may also seek to address student records. While expungement or sealing depends on the facts and outcome (e.g., where charges are dismissed or reversed on appeal), parents and eligible students have rights under FERPA to request amendment of education records they believe are inaccurate or misleading. See 34 C.F.R. §§ 99.20–99.22.

Protecting college, immigration, and employment prospects

Disciplinary records and related court matters can affect applications and background checks. Counsel can help manage school records, prepare explanatory materials, and coordinate with defense counsel to seek outcomes that minimize collateral consequences.

What to do now

FAQ

Can my child be suspended without alternative instruction?

No. New York Education Law § 3214 requires appropriate alternative instruction during suspensions so students can keep up academically.

Do we need a lawyer for a superintendent’s suspension hearing?

It is strongly recommended. Long-term suspensions involve formal rules of evidence, witness examination, and potential collateral consequences.

What if we miss the hearing date?

Hearings can proceed in your absence. Contact the school immediately to request an adjournment and consult counsel to preserve appeal rights.

How do suspensions affect college applications?

Policies vary. Some applications ask about discipline. An attorney can help manage records and provide context to minimize impact.

Will statements at school be used in court?

They can be discoverable in some circumstances. Get legal advice before providing statements if law enforcement may be involved.

Key references

• New York Education Law § 3214 (suspensions; due process; alternative instruction).
• NYC DOE Citywide Behavioral Expectations (Discipline Code); Chancellor’s Regulations (see A-443).
• NYSED: Discipline of Students with Disabilities; 34 C.F.R. § 300.530 et seq.
• NY Courts: Juvenile Delinquency; Family Court Act, Article 3.
• 34 C.F.R. Part 99 (FERPA).

Disclaimer (New York): This post provides general information about New York school discipline and related proceedings. It is not legal advice and does not create an attorney-client relationship. Laws, policies, and procedures can change and may vary by school and facts. Consult a qualified New York attorney about your specific situation.

Last reviewed: August 19, 2025.