IEP Discipline Procedures in New York
Can a school suspend or expel a student with an IEP in New York?
New York's discipline procedures for students with disabilities are governed by 8 NYCRR Part 201 and Education Law §3214. Building principals may suspend a student with a disability for up to 5 consecutive school days; superintendents may extend a suspension up to 10 consecutive school days (inclusive of the prior removal) for the same incident. Removals constituting a pattern — or any disciplinary change of placement — trigger a manifestation determination review (MDR) that must be conducted within 10 school days by the parent and relevant CSE members. If the behavior is found to be a manifestation of the disability, the student must be returned to the prior placement (unless parties agree otherwise) and the CSE must conduct or revise the functional behavioral assessment (FBA) and behavioral intervention plan (BIP). If the behavior is not a manifestation, the student may be disciplined as a nondisabled peer but must continue to receive FAPE services. A superintendent may place a student in an interim alternative educational setting (IAES) for up to 45 school days for weapons possession, illegal drug use, or infliction of serious bodily injury at school.
What New York Requires
Building principal or board may suspend a student with a disability for up to 5 consecutive school days, matching the discipline applied to nondisabled students (8 NYCRR §201.7(b))
Superintendent may suspend for up to 10 consecutive school days inclusive of any prior removal for the same misconduct; separate 10-day suspensions permitted for different incidents in the same year (8 NYCRR §201.7(c))
Any disciplinary removal constituting a change of placement — including pattern of short-term removals — triggers the manifestation determination and Part 201 protections (8 NYCRR §201.2(e); §201.7(d))
Manifestation determination review (MDR) must be conducted immediately, but no later than 10 school days after the decision to impose a disciplinary change of placement; conducted by the parent, a school district representative knowledgeable about interpreting student behavior, and relevant CSE members (8 NYCRR §201.4(a)-(b))
If conduct IS a manifestation: CSE must conduct or review the FBA and develop or modify the BIP; student must be returned to prior placement unless parent and district agree to a change (8 NYCRR §201.3; §201.4(d))
If conduct is NOT a manifestation: student may be disciplined as a nondisabled peer; however, the district must continue to provide FAPE services enabling progress on IEP goals (8 NYCRR §201.9(c)(2); §201.10)
Superintendent may order IAES placement for up to 45 school days for weapons possession, knowing use of illegal drugs or controlled substances, or infliction of serious bodily injury at school or school events (8 NYCRR §201.7(e))
District must notify parents no later than the date on which the decision to impose a disciplinary change of placement is made (8 NYCRR §201.7(a))
Expedited due process hearings are available when the district believes maintaining the current placement is substantially likely to result in injury to the student or others (8 NYCRR §201.11)
Key Timelines
Manifestation determination must be conducted within 10 school days of the decision to impose a disciplinary change of placement (8 NYCRR §201.4(a))
Principal may remove for up to 5 consecutive school days; superintendent for up to 10 consecutive school days per incident (8 NYCRR §201.7(b)-(c))
IAES placement for weapons, drugs, or serious bodily injury may not exceed 45 school days (8 NYCRR §201.7(e))
FAPE services must continue during any removal exceeding 10 cumulative school days in a school year (8 NYCRR §201.10)