Protecting Your Child's Rights: How New York Law Considers Disabilities in School Disciplinary Hearings

School disciplinary hearings in New York must take a child’s disability into account, ensuring procedural safeguards and special consideration for whether a disability contributed to the alleged behavior. In this blog post, a Syracuse special education lawyer explains what New York law requires and how attorneys can help families navigate these complex proceedings.​

Legal Protections for Students with Disabilities

Students identified under the Individuals with Disabilities Education Act (IDEA) and Section 504 have additional procedural rights in school disciplinary actions. For any suspension or removal that counts as a disciplinary change in placement, parents must receive written notice and the procedural safeguards outlined by law.​

If a student has not been formally identified as having a disability, protections extend if the school is deemed to have prior knowledge, such as if parents expressed concern, requested an evaluation, or staff raised suspicions before the incident. These students are “presumed to have a disability for discipline purposes” and receive the same protections during disciplinary action.​

The Manifestation Determination Review

Before imposing long-term suspensions or significant punishment, schools must conduct a “manifestation determination review.” This is a meeting with the child’s parents and relevant professionals to decide if the behavior stemmed from the student’s disability or if the school failed to implement the child’s Individualized Education Program (IEP).​

If the behavior was a manifestation of the disability, the school may not remove the student for more than ten days. Additional disciplinary action must directly relate to the behavior and take into account necessary supports and services.​ If the conduct was not related, standard disciplinary actions may be imposed, but the child must still receive appropriate educational services.

The team must review all relevant information (including the IEP/504 Plan, teacher observations, and evaluations) to see if either of the following is true:

1. Direct and Substantial Relationship: Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child’s disability?

2. Failure to Implement IEP: Was the conduct the direct result of the school's failure to implement the child's Individualized Education Program (IEP) or Section 504 Plan?

   
   

If the answer to either question is YES, the behavior is deemed a manifestation of the disability.

Due Process Rights and Hearings

Parents are entitled to due process, which includes the right to a hearing, notice, and opportunity to appeal. At disciplinary hearings, the school presents evidence, and a hearing officer determines guilt. If found guilty, the student’s disability and disciplinary record influence the penalty phase. Families can appeal decisions to the district and higher authorities.​

For suspensions longer than five school days, a formal Superintendent's Hearing is required under New York law. When the student is one with a disability, this hearing is often "bifurcated" (two-part):

1. Guilt Phase (Fact-Finding): Determines if the student committed the alleged misconduct.

2. Penalty Phase: If the student is found "guilty," this phase considers the appropriate disciplinary penalty. For students with disabilities, the MDR results and the special education records are required to be considered as mitigating factors in the penalty phase, regardless of the MDR outcome.

New York law recognizes three special circumstances where schools have additional authority even when conduct is a manifestation of disability. A school may place a student in an interim alternative educational setting (IAES) for up to 45 school days if the student:

• Carries a weapon to school or a school function

• Knowingly possesses, uses, sells, or solicits illegal drugs at school or a school function

• Inflicts serious bodily injury upon another person at school or a school function

Even in these cases, however, the student must continue to receive educational services and progress toward IEP goals. The placement must be determined by the IEP team and allow the student to participate in the general curriculum, even if in a different setting.

Contact A Syracuse Special Education Lawyer Today

Attorneys advocating for children in disciplinary hearings play a crucial role in protecting the rights of students with disabilities or those presumed to have them. Understanding New York’s legal requirements can help ensure fair treatment and continued access to educational support during challenging times.​ Contact us today for a free confidential consultation with an experienced Syracuse special education lawyer to discuss your case.

For more information on special education law, please visit our New York State Special Education Law page.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and guidelines can change, so always verify with current statutes or a professional.