How long is superintendent suspension

The determination of a superintendent shall be subject to review by the board of education pursuant to paragraph c of this subdivision and the commissioner pursuant to section three hundred ten of this chapter. Nothing in this subdivision shall be deemed to authorize the suspension of a student with a disability in violation of the individuals with disabilities education act or article eighty-nine of this chapter.

A superintendent shall refer the pupil under the age of sixteen who has been determined to have brought a weapon or firearm to school in violation of this subdivision to a presentment agency for a juvenile delinquency proceeding consistent with article three of the family court act except a student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivision forty-two of section 1. A superintendent shall refer any pupil sixteen years of age or older or a student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivision forty-two of section 1.

Consistent with the federal gun-free schools act of nineteen hundred ninety-four, any public school pupil who is determined under this subdivision to have brought a weapon to school shall be suspended for a period of not less than one calendar year and any nonpublic school pupil participating in a program operated by a public school district using funds from the elementary and secondary education act of nineteen hundred sixty-five who is determined under this subdivision to have brought a weapon to a public school or other premises used by the school district to provide such programs shall be suspended for a period of not less than one calendar year from participation in such program.

A superintendent shall refer the pupil under the age of sixteen who has been determined to have brought a weapon to school in violation of this subdivision to a presentment agency for a juvenile delinquency proceeding consistent with article three of the family court act except a student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivision forty-two of section 1.

Procedure after suspension. Where a pupil has been suspended pursuant to this subdivision and said pupil is of compulsory attendance age, immediate steps shall be taken for his or her attendance upon instruction elsewhere or for supervision or detention of said pupil pursuant to the provisions of article seven of the family court act. Where a pupil has been suspended for cause, the suspension may be revoked by the board of education whenever it appears to be for the best interest of the school and the pupil to do so.

The board of education may also condition a student's early return to school and suspension revocation on the pupil's voluntary participation in counseling or specialized classes, including anger management or dispute resolution, where applicable. Whenever the term "board of education or superintendent of schools" is used in this subdivision, it shall be deemed to include community boards of education and community superintendents governing community districts in accordance with the provisions of article fifty-two-A of this chapter.

For the purpose of this subdivision, the term "weapon" means a firearm as such term is defined in section nine hundred twenty-one of title eighteen of the United States code. Discipline of students with disabilities and students presumed to have a disability for discipline purposes. Nothing in this paragraph shall be construed to confer greater rights on such students than are conferred under applicable federal law and regulations, or to limit the ability of a school district to change the educational placement of a student with a disability in accordance with the procedures in article eighty-nine of this chapter.

Teacher removal of a disruptive pupil. In addition, any teacher shall have the power and authority to remove a disruptive pupil, as defined in subdivision two-a of this section, from such teacher's classroom consistent with discipline measures contained in the code of conduct adopted by the board pursuant to section twenty-eight hundred one of this chapter.

The school authorities of any school district shall establish policies and procedures to ensure the provision of continued educational programming and activities for students removed from the classroom pursuant to this subdivision and provided further that nothing in this subdivision shall authorize the removal of a pupil in violation of any state or federal law or regulation.

No pupil shall return to the classroom until the principal makes a final determination pursuant to paragraph c of this subdivision, or the period of removal expires, whichever is less.

Such teacher shall inform the pupil and the school principal of the reasons for the removal. If the teacher finds that the pupil's continued presence in the classroom does not pose a continuing danger to persons or property and does not present an ongoing threat of disruption to the academic process, the teacher shall, prior to removing the student from the classroom, provide the student with an explanation of the basis for the removal and allow the pupil to informally present the pupil's version of relevant events.

In all other cases, the teacher shall provide the pupil with an explanation of the basis for the removal and an informal opportunity to be heard within twenty-four hours of the pupil's removal, provided that if such twenty-four hour period does not end on a school day, it shall be extended to the corresponding time on the next school day. In all other cases, the teacher shall provide the pupil with an explanation of the basis for the removal and an informal opportunity to be heard within twenty-four hours of the pupil's removal.

Appeals of suspensions may be filed by a student, parent or by a representative acting on their behalf. All appeals must be must be filed in writing and set forth the grounds for appeal and the relief requested in accordance with the procedures and timeframes below.

An appeal of a Superintendent's suspension must be filed within twenty 20 school days of the date of the decision or ten 10 school days from receipt of the tape recording or hearing transcript, whichever is later. The reviewing authority may grant an extension of time for filing the appeal for good cause shown.

Read more at our Discipline Code page , or the full codes, below:. If you have more questions, you can contact the Borough Director of Suspension for your district. Districts 1,2,3,4,5,6 Paula Broomfield pbroomfield schools. Districts 7,8,9,10,11,12 Colette Lowrie clowrie schools. Districts 13,14,15,16,19,23,32 Kate Petrycki kpetrycki schools. Brooklyn NY Districts 24,25,26,27,28,29,30 Jennifer Mandelbaum JMandelbaum3 schools.

In Maine, a school administrator can only suspend a student for a maximum of 10 school days before they are required to have a more formal hearing. If a suspension is for longer than 10 school days, the student has a right to a formal hearing in front of the school board.

This hearing has to happen within the first 10 school days of the suspension. Only the school board can suspend a student for more than 10 school days.

If a principal wants to suspend a student for more than 10 school days, the student can go back to school on the 11th day, unless:. Maine law does not talk about "risk assessments. Parents should not have to pay for the "risk assessment. Sometimes a school will not let a suspended student return until a "risk assessment" happens. In that case, the "risk assessment" must happen within the first 10 school days of the suspension.

If it does not, the student can go back to school on the 11th school day unless the school board has met and suspended them for more than 10 school days. In Maine, an expulsion means that a school board has decided that a student cannot go to school, a school function, or be on school property for more than 10 school days.

If a student is expelled from one public school in Maine, they are expelled from every public school in Maine. Students can be expelled for the following reasons if it is necessary for the "peace and usefulness of the school":. These behaviors must have happened at school, on school grounds, or at a school event like a sports game or dance.

Always review your school's student code of conduct and expulsion policies. During an expulsion, a student does not have a right to any educational services from the school unless they are receiving special education services. A school may decide to give educational services during an expulsion, but it is up to the school board or administration.

A student cannot be kept from school for more than 10 school days without a formal due process hearing before the school board. If the school board is not scheduled to meet before the student has been out of school for 10 school days, it must hold an emergency meeting for the expulsion hearing. If it does not, the student can legally go back to school on the 11th school day. If a student is expelled, they have a constitutional right to "due process.

The superintendent must also invite the students and parents to a meeting to talk about how the hearing will work. This meeting is about the hearing and not about the behavior or the incident. If a child is arrested as a result of the suspension, it is important that the child's Law Guardian be notified.

Before initiating a Principal's Suspension for a student in grades K-3, a principal must obtain the approval of the Superintendent. A Superintendent's Suspension is often sought for more serious offenses level as listed in the Discipline Code, and can last for up to one year. Alternative instruction must be arranged by the school and may be arranged through an offsite location which would provide a full day program for elementary and middle school students and a two hour program for high school students.

When a student receives a Superintendent's Suspension, written notice including a statement of the charges and the date of the infraction should be made to the parent or guardian.

Some advocacy organizations also assist with suspension and discipline issues. When a Special Education student is suspended, the Chancellor's Regulation provides that alternate instruction must be provided by the DOE.

An MDR must be held when a child with special needs is suspended for more than 10 consecutive days. Sometimes an MDR will be required if there are shorter periods of suspension that add up to more than 10 non-consecutive days, if there is a pattern of removals that is equivalent to a change of placement.

A FBA determines at what level a child is functioning in his current school placement, and when and how problem behavior is occurring. This will be required in order to conduct the MDR.