What a New York public school must do when it suspends or expels your child — the caps, the hearing, and where the appeal clock actually lives.
Federal floor (all states): notice of the charges, an explanation of the evidence if your child denies them, and a chance to tell their side before a suspension of up to 10 days (Goss v. Lopez). With an IEP, the federal discipline clock adds the 10-school-day manifestation review and the 45-school-day interim-setting rules (34 CFR §§300.530–300.536).
Longest single suspension: 5 school days (principal, short-term).
Hearing: More than 5 days requires a superintendent's fair hearing first — counsel, witnesses, evidence.
Appeal deadline in state law: 30 days to the Commissioner of Education, after the board appeal (8 NYCRR §275.16) — to Board of education first, then the Commissioner of Education.
Expulsion length: no statewide maximum verified — district-set.
Sources: Educ. Law §§310, 3214; 8 NYCRR §§100.2(l), 275.16
Rules checked October 2026 — every rule on this page is cited to its source. Verify day counts against your district's official calendar.
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