New York — school discipline
- The lines the state draws
- The five-day line is the statute's central one: "The board of education, board of trustees, or sole trustee, superintendent of schools, district superintendent of schools and the principal of the school where the pupil attends shall have the power to suspend a pupil for a period not to exceed five school days." (EDN § 3214(3)(b)(1)) Beyond it: "No pupil may be suspended for a period in excess of five school days unless such pupil and the person in parental relation to such pupil shall have had an opportunity for a fair hearing, upon reasonable notice, at which such pupil shall have the right of representation by counsel, with the right to question witnesses against such pupil and to present witnesses and other evidence on his or her behalf." (EDN § 3214(3)(c)(1), in the text the service marks "NB Effective until June 30, 2027") On firearms the statute sets a floor rather than a ceiling: "any public school pupil who is determined under this subdivision to have brought a firearm to or possessed a firearm at a public school shall be suspended for a period of not less than one calendar year", with the superintendent given "the authority to modify this suspension requirement for each student on a case-by-case basis." (EDN § 3214(3)(d)(1)) Classroom removal by a teacher is stated separately: "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." (EDN § 3214(3-a))
- Offices and appeal bodies in these sources
- The suspending authorities named are district officers — the board of education, board of trustees or sole trustee, the superintendent, the district superintendent, and the principal. (EDN § 3214(3)(a)) Above five school days the superintendent "shall personally hear and determine the proceeding or may, in his or her discretion, designate a hearing officer to conduct the hearing", and "A record of the hearing shall be maintained, but no stenographic transcript shall be required and a tape recording shall be deemed a satisfactory record." The hearing officer's report "shall be advisory only, and the superintendent may accept all or any part thereof." The district-level appeal is stated: "An appeal will lie from the decision of the superintendent to the board of education who shall make its decision solely upon the record before it." (EDN § 3214(3)(c)(1)) A state-level route is named in the firearm subdivision: a superintendent's determination "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." (EDN § 3214(3)(d)(1)) Section 310 itself is cited but not captured in this review.
No state office address, phone number, or email for parents appears in the sources; that absence is the finding. - Sources last checked
- Sep 1, 2026
Reproduced from the state's own statutes quoted below: potentially relevant official sources, not a determination of which one governs any situation.
This page assembles what New York publishes in statute about K-12 school discipline. This is a baseline docket page: the governing sections, the lines the state draws, and the decision-makers and appeal route, quoted with dates. The full sections (the framework route by route, the four hoisted process rows, every stated timeline, the district delegation map, and records access) follow as the discipline layer deepens behind its breadth sprint; the change log states exactly what is not yet captured. Before a suspension of five school days or fewer the statute states a notice and an informal conference: "the suspending authority shall provide the pupil with notice of the charged misconduct. If the pupil denies the misconduct, the suspending authority shall provide an explanation of the basis for the suspension. The pupil and the person in parental relation to the pupil shall, on request, be given an opportunity for an informal conference with the principal at which the pupil and/or person in parental relation shall be authorized to present the pupil's version of the event and to ask questions of the complaining witnesses." Their order is stated too: "The aforesaid notice and opportunity for an informal conference shall take place prior to suspension of the pupil unless the pupil's presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, in which case the pupil's notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable." (EDN § 3214(3)(b)(1)) On schooling during a suspension the statute states: "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." (EDN § 3214(3)(e)) The conduct rules themselves are the district's to adopt: every board of education "shall adopt and amend, as appropriate, a code of conduct for the maintenance of order on school property, including a school function, which shall govern the conduct of students, teachers and other school personnel as well as visitors and shall provide for the enforcement thereof", and that code must state "the appropriate range of disciplinary measures which may be imposed for violation of such code". (EDN § 2801(2), § 2801(2)(a)) That delegation will anchor the full page's delegation map. For a student with an IEP or Section 504 plan, the disability layer lives on this site's New York special education page. Confirm applicability with the district and the agencies. All dates on this page are quoted from the sources, not a deadline calculation performed for you.
Source map
| Document | Location | Dates |
|---|---|---|
| EDN § 3214 (student placement, suspensions and transfers) | nysenate.gov | revision and session-law notations on the page; retrieved Sep 1, 2026 |
| EDN § 2801 (codes of conduct on school property) | nysenate.gov | revision and session-law notations on the page; retrieved Sep 1, 2026 |
| EDN § 310 (appeal to the commissioner), cited by § 3214(3)(d) | cited in the section above | capture pending |
| 8 NYCRR § 100.2(l) (commissioner's regulations on school conduct and discipline) | nysed.gov | not captured in this review; the host omits an intermediate certificate and a plain fetch cannot build a chain. Capture pending |
| NYSED guidance on student discipline | — | not located in this review; capture pending |
| District codes of conduct | each district, per EDN § 2801 | never captured; the full page's delegation map will point at them |
Change log
Sep 1, 2026 · Baseline page created (discipline-layer breadth sprint). Captured first-party under recipe tools/recipes/new-york-discipline.json: EDN § 3214 and § 2801 from the New York State Senate's Open Legislation service, which serves the consolidated laws statically to a plain fetcher. Findings recorded: (1) the state publishes two texts of § 3214 paragraph 3(c) and two texts of paragraph 3(g) at the same address, each marked with its own note — "NB Effective until June 30, 2027" against the first and "NB Effective June 30, 2027" against the second; both are quoted or cited here as the service prints them, and this page does not reconcile them or state which governs any situation. The later text of paragraph 3(c) drops the "student with a disability or a student presumed to have a disability" sentence the earlier one carries, which is a difference a parent would want a lawyer to read. (2) The appeal route is stated in two layers — to the board of education on the record, and, in the firearm subdivision, to the commissioner under § 310 — but § 310 itself was not captured. (3) No state office, address, phone number, or email for parents appears in the sources; that absence is the finding. (4) The commissioner's regulations at 8 NYCRR § 100.2(l), which a parent meets alongside the statute, are not captured: nysed.gov sends its leaf certificate without the issuing intermediate, so a plain fetch cannot verify it. That is a fact about the host's certificate chain, not about the document, and it is a capture problem for a working session rather than a source finding. Not yet built, pending the deepening pass: sections 01–02 (framework, hoisted rows, timelines), the district delegation map, and records access. Internet Archive captures: to be added. Reviewer: Carrie Schluter, reviewed 2026-09-01. Corrections on the record in this log: hello@fieldassembly.net.