Types of School Disciplines

Removals from the classroom and Suspensions

A removal from the classroom or suspension from the school may occur when a student exhibits conduct that violates the Code of Conduct of the New York City Public Schools. Prohibited behaviors may be characterized as disruptive, such as behaviors that constantly distract others, and actions that endanger the student and others.

It is important to know what type of discipline the school is implementing. Find out if your child was removed from class by the teacher, or if your child will be suspended by the Principal or Superintendent.

Types of disciplines:

1. Removal from the Classroom by Teacher: A student may be removed from the classroom for a maximum of 4 days when their behavior has consistently interfered with the teacher’s class or authority. The teacher must notify the school Principal and the Principal must contact the family and provide the opportunity to schedule a meeting to discuss the issue.
2. School Principal Suspensions: The School Principal may suspend a student for a maximum of 5 days when the student has exhibited behaviors that are characterized as problematic or dangerous. The Principal must notify the family in writing and the family has the right to a meeting or hearing to discuss the case.
3. District Superintendent Suspensions: The Principal of a school may request suspension from the Superintendent if the student has exhibited more serious behaviors. The duration of the suspension may be 6 days or more. The family must receive written notification and has the right to a meeting or hearing at the suspension hearing office.

Note: School should make every effort to notify parents/caregivers on the same day, or within 24 hours. Timelines for notifications, whether by phone call or written, may vary depending on the type of discipline and circumstances. For more notification timeline information, please call our Help Line or refer to the Student Discipline Procedures and AFC guide.

Additional protections for students who have (or are suspected of having) a disability, have an IEP, or a 504 Plan:

• The school cannot remove/expel a student from class or suspend them from school for conduct that is related to their disability.
• The school must call the parent/caregiver prior to calling EMS.
• If the student was removed from class, the parent has the right to request a meeting with the IEP team or conference with the teacher or Principal.
• If the student is being suspended for 10 days or more, parents have the right to request a Manifestation Determination Review (MDR). An MDR is a meeting to determine if your child’s behavior that led to the suspension is closely related to your child’s disability.
• If during the MDR it is determined that the behavior IS a manifestation of the disability, the student cannot be suspended and the school can perform a Functional Behavior Assessment to create a Behavioral Intervention Plan (BIP).
• If the behavior was NOT a manifestation of the student’s disability, the suspension will continue, but the student must continue to receive IEP services.
• If the student does not yet have an IEP or is unknown to have a disability, parents can request an urgent evaluation. The urgent evaluation must be completed within 15 days once the consent for evaluations is signed.

What happens to academic instruction and related services during the suspension or removal period?

Academic instruction and special education services could continue after a student’s removal or suspension. Timelines and procedures vary depending on grade level and individual circumstances. Please call our Help Line for further guidance, or refer to the Student Discipline Procedures and AFC guide.

What can parents/caregivers do if they are called frequently to pick up the student or student is removed from the classroom or suspended:

1. Ask if the student is suspended or removed from class to clarify what your next options are. 
2. Take notes of conversation/discussions and names.
3. Ask for written notification of class removal or suspension, or an incident report (OORS). 
4. You can also write a letter or email explaining what the school told you or the situation and send it to the IEP team or school Assistant Principal/Principal.
5. If suspension is more than 10 days, request a Manifestation Determination (MDR) meeting.
6. Request an IEP meeting to discuss behavior, learning environment, triggers, or possible need for new evaluations.
7. If the student is being picked up from school frequently due to behavior, request a Functional Behavioral Assessment (FBA/BIP).
8. If the student already has a Behavioral Intervention Plan (BIP), you can request a meeting to review or modify the BIP. 
9. If you receive a suspension notice or letter, ask for the suspension packet.
10. You have the right to request an interpreter.
11. You have the right to invite external people to provide support or information, such as a social worker, psychologist, family member, or friend.
12. You have the right to bring an advocate or attorney to the hearing or MDR meeting.
13. Call INCLUDEnyc for more information about your rights and next steps.