New York suspension & expulsion rules

New York's discipline card

Federal floor (all states): notice of the charges, an explanation of the evidence if your child denies them, and a chance to tell their side before a suspension of up to 10 days (Goss v. Lopez). With an IEP, the federal discipline clock adds the 10-school-day manifestation review and the 45-school-day interim-setting rules (34 CFR §§300.530–300.536).

Longest single suspension: 5 school days (principal, short-term).

Hearing: More than 5 days requires a superintendent's fair hearing first — counsel, witnesses, evidence.

Appeal deadline in state law: 30 days to the Commissioner of Education, after the board appeal (8 NYCRR §275.16) — to Board of education first, then the Commissioner of Education.

Expulsion length: no statewide maximum verified — district-set.

Sources: Educ. Law §§310, 3214; 8 NYCRR §§100.2(l), 275.16

Verified New York levers

• For a suspension of 5 days or less, the written notice must actually reach you within 24 hours of the decision, and you get an informal conference with the principal (§3214(3)(b)(1); 8 NYCRR §100.2(l)). Notice defects are how New York suspensions get expunged.
• New York does not permanently expel a compulsory-age student — the superintendent imposes a long-term suspension, and the district must arrange instruction elsewhere right away (§3214(3)(e)). A homework packet alone is not 'substantially equivalent' instruction.
• The board appeal has no day count in state law — appeal immediately; your district policy may state a short window.
• The 30-day Commissioner clock runs from the decision you are appealing; the board step comes first for long-term suspensions.

Run the discipline decoder

Rules checked October 2026 — every rule on this page is cited to its source. Verify day counts against your district's official calendar.