You may be disciplined by your school for conduct unrelated to your disability, or in some cases, related to your disability, but with certain restrictions. Generally, you have the right not to be disciplined or discriminated against for behavior related to your disabilities. However, there are some exceptions and this basic rule can be complicated in practice. Remember, as a student with disabilities, you have the same rights as other students, as well as additional, more extensive rights that protect you in discipline situations. Some of the basic rules that apply to you when you face school discipline are stated below:

Your school cannot completely deny you educational services for more than 10 school days in a school year. When a school proposes to suspend or expel you for more than 10 school days, there must be a “manifestation team” meeting, where relevant members of the IEP team determine whether your misconduct was related to your disability. A manifestation team meeting must be held within 10 school days of a school suggesting or actually deciding the suspension or expulsion.
If the IEP team decides that your misconduct was related to your disability, then you may not be disciplined. However, under certain circumstances, students with disabilities may be sent to an interim alternative education setting (“IAES”) (8 N.Y.C.R.R. § 201). An IAES is an educational setting other than your current school at which you will continue to receive educational services and may receive appropriate functional behavioral assessment and behavioral intervention services designed to address the misconduct (8 N.Y.C.R.R. § 200.6(n)). You can remain in an IAES for up to 45 school days, if it is determined that your staying in your regular school will cause injury to others.
If it is decided that your behavior was not caused by your disability, then you will be disciplined in the same way as students who do not have disabilities. But, you must be provided with services in an IAES during the time that you are suspended. Such services include tutoring at a public library, tutoring at your home, or classes at an alternate school during the time that you are suspended. Your IEP team will help determine your IAES, in the best way for you to participate in the general education curriculum and meet your IEP goals.

(8 N.Y.C.R.R. § 201.7)

See the “School Discipline” section for more information.

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New York

Chapter: Education and Schools

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