New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter P - Handicapped Children › Part 201 - Procedural Safeguards For Students With Disabilities Subject To Discipline › Section 201.7 - General procedures for suspensions and removals of students with disabilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Parental notice of disciplinary removal. No later than the date on which a
				  decision is made to change the placement of a student with a disability to an
				  IAES pursuant to subdivision (e) of this section or pursuant to section
				  201.8 
				  of this Part, or a decision is to impose a suspension or removal pursuant to
				  this Part that constitutes a disciplinary change in placement, the parent shall
				  be notified of such decision and shall be provided the procedural safeguards
				  notice in accordance with section
				  200.5(f) 
				  of this Title.
(b) Five school day
				  suspension or removal. Except as otherwise provided in subdivision (d) of this
				  section, the trustees or board of education of any school district, a district
				  superintendent of schools or a building principal with authority to suspend
				  students pursuant to Education Law, section
				  3214(3)(b) and (g), shall
				  have authority to order the placement of a student with a disability into an
				  appropriate interim alternative educational setting, another setting or
				  suspension for a period not to exceed five consecutive school days, and not to
				  exceed the amount of time that a nondisabled student would be subject to
				  suspension for the same behavior.
(c) Ten school day suspension or removal.
				  Except as otherwise provided in subdivision (d) of this section, a
				  superintendent of schools, either directly or upon recommendation of a hearing
				  officer designated to conduct a superintendent's hearing pursuant to Education
				  Law, section
				  3214(3)(c) and (g), may
				  order the placement of a student with a disability into an interim alternative
				  educational setting, another setting or suspension for up to 10 consecutive
				  school days, inclusive of any period in which the student has been suspended or
				  removed pursuant to subdivision (b) of this section for the same behavior,
				  where the superintendent determines in accordance with the procedures set forth
				  in Education Law section 3214(3)(c) that the student has engaged in behavior
				  that warrants a suspension, provided that the duration of any such suspension
				  or removal shall not exceed the amount of time that a nondisabled student would
				  be subject to suspension for the same behavior. Except as otherwise provided in
				  subdivision (d) of this section, a superintendent of schools may order
				  additional suspensions of not more than 10 consecutive school days in the same
				  school year for separate incidents of misconduct.
(d) Exception for pattern of suspensions or
				  removals. A student with a disability may not be removed pursuant to
				  subdivision (b) or (c) of this section if imposition of the 5 school day or 10
				  school day suspension or removal would result in a disciplinary change in
				  placement based on a pattern of suspensions or removals as determined by school
				  personnel in accordance with the criteria set forth in section
				  201.2(e)(2) 
				  of this Part, except where the manifestation team pursuant to section
				  201.4 
				  of this Part has determined that the behavior was not a manifestation of such
				  student's disability, or the student is placed in an IAES as authorized under
				  subdivision (e) of this section.
(e) Change in placement to an IAES for
				  behavior involving serious bodily injury, weapons, illegal drugs or controlled
				  substances.
(1) A superintendent of schools,
				  either directly or upon recommendation of a hearing officer designated to
				  conduct a superintendent's hearing pursuant to Education Law, section
				  3214(3)(c), may order the
				  change in placement of a student with a disability to an appropriate IAES, to
				  be determined by the CSE, for up to 45 school days, but not to exceed the
				  period of suspension ordered by the superintendent in accordance with Education
				  Law, section
				  3214(3), where the
				  student:
(i) has inflicted serious bodily
				  injury, as defined in section
				  201.2(m) 
				  of this Part, upon another person while at school, on school premises or at a
				  school function under the jurisdiction of the educational agency;
(ii) carries or possesses a weapon to or at
				  school, on school premises, or to or at a school function under the
				  jurisdiction of the educational agency; or
(iii) knowingly possesses or uses illegal
				  drugs or sells or solicits the sale of a controlled substance while at school,
				  on school premises or at a school function under the jurisdiction of the
				  educational agency.