things that are important to all of us. And um but I want to thank you all for being here tonight. Um my name is Gavin Healey. I'm the chair of the students with disabilities committee of the district 2 community education council. Um, I'm
excited to welcome parents, community members, our superintendent, Kelly Magcguire, and and all of you to this meeting um today, which will be on the topic of uh parents rights related to discipline in New York City public schools with special pro and special
protections for students with disabilities subject to discipline. Um so I think the idea for this meeting and presentation came out of some data we've seen in this district about the numbers of school suspensions and um disparities
in frequency of suspension by disability status and by race. Uh we know that students with disabilities make up about 20% of our students in our district but account for closer to 50% of the suspensions. And we know that black students make up about 8% of our
students, but account for, I think, about 23 or 24% of suspensions. And and I know that these disparities are not, you know, just in our district, but they are what they are citywide in New York City public schools. And so I hope to use this meeting to try to understand uh a little
bit more about how to address this problem at at both the individual level um you know with you know you know families who are encountering this process but also at the broader level schoolwide districtwide and and citywide. So uh we're very um grateful
and fortunate to have uh Rohini Singh who is director of the school uh justice project at advocates for children. she's uh kindly agreed to share some of her expertise with us so that we can better understand this topic. So we'll start by uh we'll start with with her presentation and after that we should
have time for some Q&A and discussion and we can unmute participants for that and also the chat the chat is open so you can use that to ask questions at any time which we can collect and address. So so the floor is yours uh Rahini. Thank you very much.
Thank you. Thank you Gavin. Um, I just shared my screen. I just want to make sure. Can folks see that? Okay. Yes. Great. Awesome. Um, well, thank you all for having me. Um, today I'm going to be talking about navigating school discipline in New York City public schools. Um, my name is Roini
Singh. I'm the director of the school justice project at Advocates for Children. Um, I see some familiar names here. So, I think many of you might be familiar with AFC and our work. Um, I've been at Advocates for Children within the School Justice Project for almost nine years now. Um, and yeah, I really
am um appreciative of you all inviting me here. Um, in part because I'm also the parent of two young kids and so I get to skip the whole dinner and bedtime routine because of this presentation. So, thank you for that. Um, so today I'm going to be
talking about school discipline. I'll give a quick introduction um on AFC and the school justice project and what we do. Um then I'll talk about uh types of suspensions and parents rights in the suspension hearing process. Um I'll talk about legal protections for students with disabilities and then some key
takeaways. Um again this is a know your rights presentation so I'm focusing on you know the specific rights of parents um in New York City public schools around discipline. Um I'm going to be talking a little bit also about our understanding of the mechanics of how suspensions happen. I know we are joined
by the superintendent here who might might be able to correct me or you know add some more layers to that. Um you know because we we know how things are supposed to operate but of course things might happen differently depending on the the district and and just the logistics or mechanics of
it. But first a little bit about Advocates for Children. Oh I should also say that all these slides will be available um to everyone after the presentation. Um, I'll send Gavin a PDF of the slides and so you'll have access to all the links and all the information. Um, and then any documents
I mention like the discipline code or um, when we get to uh, protections for students with disabilities, I'll mention some documents as well. I can make sure I I provide links to those uh, to circulate um, so you all have access to that after the presentation. Um, I also
will uh, pause in the middle for questions but I if you think it might make more sense to wait till the end, we could do that as well. it is a lot of me just talking at you. So, um yeah, I want to give some space if folks have have, you know, burning questions to to ask them um in the middle of the
presentation. So, I'll do that briefly. Um so, first, yes, uh what is Advocates for Children? So, we are an independent agency that protects the rights of all New York City students. Um our mission is to um ensure that all students have access to a highquality education. Um we
have a number of different uh services. is uh we have a citywide education helpline. Um I'll provide the information for that when I send around the materials that's open Monday through Thursday um 10 to 4 uh where we take calls from parents, from students, from um school staff sometimes um about
really any education related issue um including suspension uh representation, suspension hearing representation. So, um we do a lot of uh we represent a lot of students in suspension hearings every year and we also get calls from I mean hundreds of families um that are navigating the school discipline
process. Um and so we have a lot of expertise and experience in in school suspensions. Um we also the bulk of our work is free legal services to low-income families whether that be through suspension hearing representation or um the bulk of our work is special education advocacy as
I'm sure most of you know. Um, we also offer a number of guides and resources on our on our website, including a guide to school suspensions, a guide to defending suspended students. Um, guides to protections of students with disabilities um that are being disciplined. Um, so I I would direct you
there for more specific information um if you're navigating this this yourself or helping a family to navigate it. Um we do a number of workshops and trainings such as this for community members, for parents, uh students, and then we also do um policy advocacy and impact litigation. Um we're part of a
number of citywide coalitions that are working to um address suspension related issues or discipline related issues. And we advocate every year for more funding for more supports um to more behavior supports, mental health supports um for
schools in in in New York City. So, I lead the school justice project at Advocates for Children. Um, and we help young people specifically who are facing juvenile and or criminal justice system involvement, uh, school suspensions, um, any sort of exclusion from school due to
their behavior. Um, and then we also work with young people that are e either being, um, engaging in bullying behavior or are the targets of bullying behavior to try to advocate for um, restorative approaches to address uh, bullying behavior. Um and
so just to frame this um you know I want to talk a little bit about why this is important um and why we do this work. Um so there's there are countless studies and and and um that have shown that students who are suspended are more likely to miss class, be held back a
grade, be suspended again, drop out and get arrested um or get arrested. And and this is what's known as the school to prison pipeline. Um I believe this has become, you know, pretty common place to talk about these days. Um but it is really important to note that suspensions do and can have severe and
lasting impacts on students academic growth and their emotional and mental health. Um so suspended students are much more likely than their peers to never finish high school. Um and you know just one suspension on average can lower a student's GPA by close to one
full point. Um and so again it's really important that we we put this in context and why it's important to talk about parents and students rights in this process. a little bit about suspension data in New York City. I know Gavin had mentioned earlier that you all heard about the data in your specific
district. Um we have access to suspension data as advocates through uh the student safety act um which requires the department of educa or sorry New York City public schools to report on um the number of removals uh principal suspensions, superintendent suspensions and then the total number of
suspensions. Um I put this slide here to note that there has been a lot of progress over the last um really decade um in regards to uh suspensions and discipline. So even between you know 2018 and today we do have seen that
there has been a significant um uh and steady decline in the number of total overall suspensions. um which for us is encouraging um you know as we're hoping that schools are are choosing alternatives to exclusionary discipline to address student
behavior. Um a note about suspension data I know that Gavin did mention this at the beginning um so you while suspensions overall have declined um it is clear that uh disparity still exists within the data. So black students, students with IEPs, students in temporary housing and students in foster
care receive a disproportionate number of suspensions. And again, this is citywide, but in 2023, 2024, 43% of superintendent suspensions, which are the longerterm suspensions, went to students with disabilities who were 22% of the population. Uh, black students
made up less than 20% of the overall enrollment in 23-24, but received 45% of the superintendent suspensions. And in 2022, 2023, about one in every 32 students in shelter was suspended, compared to one in 49 permanently housed
students. And so there is some more work to do to to try to identify and address um why there are uh disparities um that exist in the suspension data. And so now um I'm just going to do a quick uh uh poll to see you know what your
familiarity is in terms of what um you know what schools can and cannot do when it comes to behavioral challenges. Um so the first question if you just want to put in the chat you know either true or false um you know I can just sort of get a sense of the consensus of the group. So the first question is um true or
false the school can call you to come pick up your child early. See some falses some trues. I see a range which is interesting. No idea. Um so it's it's actually false. Um so
this does happen uh quite a bit. Um yes, if a child is sick um uh you there are reasons why a school can can call uh your child call you to pick your child up early, but if it's solely for behavioral challenges. Um a school can't
just call a parent and ask them to to pick up their child. And so, um, this is where, you know, we work with a lot of families, uh, of young people that have, uh, significant behavioral challenges, and we really try to work with families and schools, um, to advocate for more supports so so that students can remain
in school. Um, and so the next question is, uh, if your child was told to to be picked up early because behavioral challenges or is out because of behavioral challenges, your child, the school can can require a doctor's approval for them to come back to
school. Is that true or false? Yes, that is false. Um, and then the next one, I think there was kind of consensus there, which is great. Um, so after suspension, you're required to meet with the principal before your child can come back to
school. Is that true or false? Um yes that is correct. That is false. Um you know once a student has served the suspension um they must be allowed back to school often times and it is best practice for principles to schedule a meeting with the family. Um but you
know they can't be condition the return can't be conditioned on everyone's availability for that meeting. Um, the next one is the principal can call EMS if they think your child is a danger to themselves and others. I see some truths. This was kind of a trick
question um because it's it's it's both true and false. So um so yes, there are circumstances certainly that um the principal can call EMS and one of those circumstances if they think your child is a danger to themselves and others. However, the chancellor's regulation
that that governs um calls to EMS does talk a lot about steps that principles must take before they make a call to EMS to ensure that um you know there truly is an imminent or substantial risk of serious injury um that this that can't be deescalated or handled by the school.
And so um you know the existing rules and regulations around uh calling EMS do really place a lot of emphasis on ensuring that that's that's a last resort. And so, um, we just like to make sure that that's that's known here and that you all know, um, that that's an
important part of this. And then the last one is Turf Falls. A student can be suspended for a year. I see a mix of a mix of answers here. So, oop, sorry. Um, so that is actually true. Um, prior to 2019 and the
revisions of the in the code in 2019, um, it was much more common for a student to be suspended for up to a year, but there are still circumstances, very limited circumstances now where a student can be suspended for a school year. Um, and that is, you know, it most of those are very serious infractions.
Most of them do involve possession of weapons. Um, and, you know, also require approval from the Office of Safety and Youth Development. Um, but it does happen. It has happened. You know, we have had clients um recently that have faced those long-term suspensions.
So, great. Thank you all. Um, so I'm just going to put the slide here. I know I'm not talking necessarily to a group of lawyers, but I just want to make sure that folks know and understand that uh these rights are um, you know, these aren't just New York City public
schools policies. Um these are enshrined in law and these are um you know students and parents legal rights when it comes to school discipline. Um so the federal law um that governs school discipline is very broad. It comes from a Supreme Court case Gossby Lopez um
from the 1970s um and essentially states that students must get notice and a hearing before being suspended for 10 days or more. But this case really triggered this requirement for some sort of due process protection for students that are being suspended. Um and then
you know sort of more protective is the state education law 3214 and then local laws including um New York City chances regulations um which is linked to here and the New York City discipline code. Um, I'm going to note here, I think that because I'm I'm speaking to um you all
in the CC that this, you know, maybe won't be an issue, but um everything that I'm talking about in this presentation um applies only to New York City public schools um and not to uh charter schools. Um and so the specific rights that I'm talking about um and the specific types of suspensions I'm
talking about aren't, you know, might look different in charter schools. Again, that does not mean that there are no laws that govern charter schools. Certainly the federal law and the state laws do. Um, but I just want to make sure you're aware that the specific processes I'm mentioning um, do not apply to charter
schools. Um, so types of suspensions and removals in New York City. Um, so first, um, I want to make sure you all are familiar with the New York City discipline code. So this is the basis for all suspensions in New York City District Schools. It's available on the
DOE's website and um should be updated annually but has not been updated since 2019. Um there are two different versions for K through 5 and 6 through 12. Um it includes a DOE's mission statement on school climate students bill of rights and responsibilities. Um
and again as I've been mentioning was substantially modified in September 2019 to include a greater focus on behavioral interventions and supports um on p like sort of the first 25 pages of the discipline code um really just
talk about um you know the different processes and the different uh approaches that schools should be taking for school discipline. Um, beginning on page 13 of the code, you'll see information on progressive discipline as well as a glossery of positive behavior supports and interventions and a
glossery of restorative practices that schools are expected to use instead of or in addition to any sort of exclusionary discipline or or suspension. Um, and so if your child has a behavioral challenge or you're working with a student with a behavioral challenge, you know, you can use the
code to make sure that the school is using these techniques and is not just resorting to suspensions or classroom removals. Um, starting on page 25, you'll see um uh different charts um that list uh this is this is sort of the
top of of one page. Um so you'll see the different levels of inf of infractions um the different spec the specific infractions and then um at the bottom of the page you'll see uh a list of discipline code supports and interventions and then the range of
possible disciplinary responses. And so you'll see that you know the the infraction um describes generally a behavior. And so once an incident occurs um the school will then go to the discipline code and determine which infraction this falls under um in order
to then seek approval for this suspension. So let's talk a little bit about different types of suspensions. Um so there are uh teachers removals, principal suspensions, and superintendent suspensions. So teachers
removals um can be up to four days from um a specific classroom uh setting. Um, parents have a right to ask for a meeting once their child is removed from class. Um, they also have a right uh to a phone call every time um a child is
removed from class for behavioral reasons. Um, and so once a parent requests that meeting, you know, that's an opportunity for the family to talk to the school about other behavior supports, um, you know, other interventions that can put be put in place to address the behavior.
Um but but yes, it's that that parent the request the parent has to request the meeting. The meeting doesn't happen automatically. Um but parents are entitled to a phone call when their student is removed from a class. Um the next sort of level up of suspensions are principal suspensions.
These are shorter term suspensions for up to 5 days. Um these are um more at the discretion of the principles. Um, a principal must hold a conference before they issue the principal suspensions except in um specific circumstances where there might be a threat of
continuing harm or or danger. Um, and parents are entitled to written notice um, anytime a a student receives a principal suspension. And I'll get into some more detail about those in in a moment. Um, and then the next level is the superintendent suspension. And these
are from 6 to 20 days um, or potentially more. as I mentioned, could be up to a year for some level five infractions only. Um, these require for formal hearing and written notice. And I'll go into a lot more detail about about these. Um, and I should say that, you
know, I think that, um, for for all of these, I think you'll see in the different codes from K through five and six through 12, um, that for especially for younger kids, um, principal suspensions and superintendent suspensions are are only happen in very very limited circumstances. And so, a
lot of the information I'm giving you will sort of be more applicable to to um to young people that are in middle and high school. Um, now it's important to note that these are the only three types of discipline that are allowed in New York City public schools. Um, and no other
types of removals are allowed. So, if a school is calling, um, a parent and telling them to just come pick their child up, um, but they haven't issued any sort of suspension, um, that's what we would call an illegal removal. Um, and something that we, you know, we would we would try to advocate to
address and and and stop. Um, just a note about other types of discipline. Um, so expulsions are very, very limited in New York City public schools. You can only be expelled if you're over 17 and you do not have an IEP. Um, you cannot
uh schools of course cannot use corporal punishment against students. Um, and schools also cannot transfer a student without their permission. Um, also known as an involuntary transfer. Um so just to go back to principal suspensions as I mentioned written
notice is required in the parents um language. Um this is by personal delivery within 24 hours. Um so that could be by email. Um sometimes schools do put them in students backpacks. I think we would argue that's maybe not an effective method of delivery. Um but it could be by fact, email, mail or in
person. Um it contains a statement of students rights and should include the reasons for the suspension. um and include a period the specific period of removal and um arrangements for alternative instruction. So for all different types of suspensions, principal suspensions and superintendent
suspensions, students are are um they they must receive some sort of alternative instruction and I'll go into the details about what that entails a little bit later in the presentation. Um and then in addition to all these things, the notice should also have the date, time and place of the suspension
conference. And the principal suspension conference um actually must occur unless again there's some sort of threat of danger before the the suspension is actually issued. Um we know just from practice that um that's this is often not the case and this doesn't happen um
typically before parents often find out about these suspensions just with the the notice that says your student is suspended for for a few days um because of x reason. Um but the principal suspension conference, you know, it must the principal must attend the conference
themselves. Um and it's supposed to be a determination of whether or not the suspension is justified. And so parents have a right to present their students version and question witnesses. They of course have a right to an interpreter at this meeting. Um and they also have a right to discuss some sort of plan to
address behavior. Um so this is again um you know just just something to note and something to monitor that this is a point of advocacy um to try to get more supports for a young person and to maybe even try to talk to a principal about why a suspension in this specific
incident might not be justified. Um again as I mentioned principles do have a lot of discretion when it comes to principal suspensions. So you know the the level of success here is is uh can be somewhat limited. Um but you know but of course um sometimes getting everyone in a room and talking about what
happened can can be the best um best solution to a lot of concerns. Um so then finally uh superintendent suspensions. Um so as I mentioned written notice is required. Um this is a form notice of course. Um, so you know, we we usually don't see issues
with parents getting this notice or the information in this notice. Um, so our understanding, and this is where I know we have a superintendent here, so you can feel free to interrupt me if I'm if I'm misstating sort of the the process here, but my understanding is that um, you know, an incident occurs, a school
does an investigation, and then they must get approval for the suspension, the superintendent suspension um before uh they can call the parent and notify them. Um and so once they get approval, schools must call a parent immediately. And then within 24 hours, um a parent must get written notice of the
suspension. And the suspension notice must have the reasons for the suspension, the alternative school location, um details about the hearing, which must be scheduled within five school days, a a non-binding uh list of witnesses that might be called um by the school at the hearing um to testify for
the school, and then a list of parents rights and places to call for help. Um so again, you know, parents are not entitled to representation at these hearings, but they can request representation um and request advocacy assistance. Um that list, you know, AFC
just being at being um starting with A is at the top of that list. And so we do get a lot of these calls, but a lot of the other legal services organizations um such as legal aid, legal services, um mobilization for justice do represent parents in suspension hearings. And so there are a number of different um
options in terms of of places to call for help. Um so this is what a sample superintendent suspension notice looks like. Um there are many pages of legal ease that are attached to this. Um and it's important to note, you know, and we'll I'll talk about this a little a
little bit. Um, if a parent's calling for help, um, the suspension notice is different than what what an any advocate um, that's going to be representing a student in suspension hearing is going to ask for, which is the suspension packet. Um, the suspension packet contains all the evidence that the school is going to be presenting at the
hearing. And parents are also entitled to a copy about of that, but only upon request. And so when a a student gets a superintendent suspension, they this parent automatically gets this notice um which is just the notice that has the um again the provision for alternate
learning. Um and then the date, time, and place of the suspension hearing. Um then um in the in the um superintendent suspension notice um you'll also get the date, time, and place of the incident and then the specific behavior that they are um
alleging the student engaged in. Um and then a non-binding binding witness list. Um the things you don't get, as I mentioned, with this notice is there's no, you know, you're not going to see just from the notice, you know, if anybody wrote statements. you're not going to know um you know what specific
infraction they're alleging your child has violated. Um so there's a lot of information here that that would be helpful to know so that you can better understand how to proce how to how to move forward whether to move forward with the hearing um you know or yeah just just determine how to move forward
in the in the process. Um and so the first uh thing that we tell families um when they get a superintendent suspension notice is to immediately request um the suspension packet from the school. So again, this is different from the suspension notice. Um and the suspension packet um according to the
chancers regulations must be given to the family before the hearing. Um the family will get it automatically at the morning of the hearing. Um, but we really push and, you know, we've gotten a lot of support with this to to have schools provide families with a packet before the morning of the hearing so
that they, you know, have time to get representation, have time to better understand, you know, what their child is being accused of, um, seeing all the evidence, um, things like that. Um, so this contains, uh, the packet should contain, um, an ORS report or an
occurrence report. Um any witness statements including a statement um if the student um that's being suspended wrote a statement that should be included in within the witness statements. Um a a records cover sheet which
inclusion. Um an evidence voucher if anything was confiscated. Um any injury were reports if the behavior um led to any sort of injury. um any video evidence if the school plans on introducing video evidence at a hearing must be included in the suspension
packet. And then other school records such as a student's um individ individualized education program or IEP um their uh transcript attendance um any behavior um reports, anything like that um that would be relevant for um what's
called the disposition phase, which is when the the hearing office will determine how long a suspension a student will get. Um and so again, the school must give this to the family before the hearing. Um you know, we get a lot of calls where families are saying that they're not able to get the packet
or their school hasn't given the packet. Um what we typically do and what we we recommend um families do is to actually call if you're having trouble getting the packet from the school to actually call the supervising attorney at um the burough suspension office where your hearing is scheduled. Um and typically
they're able to help you get that information. Um this is what a sample records cover sheet looks like. Um for superintendent suspensions, um you'll see it has some um information about, you know, the students grade, their credits, whether
or not they have an IEP, um prior disciplinary history. Um this also has um information on any prior guidance, interventions, and recommendations that are made. Um, and then here, um, and this is actually an old version of the
cover sheet, um, because you'll see at the bottom the principal's recommendation, um, uh, in the current cover sheet, there's it contains a specific ranges, um, of time that a student could be suspended as are listed in the discipline code. Um but here the
principal will put a recommendation for a number of days that they are seeking for the suspension and then ultimately it's the hearing office that will decide um first whether or not the suspension will be upheld and then second if it is upheld how long a suspension the student
will receive. Um this is what a sample witness statement looks like. Um and then this is what a sample ors report looks like. Um and the ORS report for us is really helpful as advocates for us to understand um both, you know, what the the school's investigation was
of the incident and their description of the incident. Um but also to determine what category of incident um they're alleging the student uh violated, which is specifically um what infraction code in the discipline code um they're alleging the student violated. So here you'll see um in this middle section you
know occurrence you the the um when the data was entered location and then under category you'll see A51 which will be um the specific infraction code. Um and then you'll also see excuse me on this page um whether or not NYPD was contacted.
Um great. Um so now I'm just going to talk quickly about options at a suspension hearing. Um, we have a whole other training about suspension here representation and and I would encourage you if you're navigating this process to either call our office or look at our defending suspended students guide where
we talk sort of in more detail about how to actually represent a student in a superintendent suspension hearing. Um, but you essentially have three options when you first um show up to the hearing um that was scheduled within 5 days of getting the notice. Um, so you can
adjourn for good cause. So either the parent or the school can request an adjournment to gather evidence, contact witnesses, or to request a hearing date. That's more convenient for the parent. Um just note that when a parent requests an adjournment, the student stays out at the suspension school. Um if the school
requests the adjournment, then the student is actually um reinstated to their regular school. Um the second option is the plea no contest. Um this is actually the how the vast majority of superintendent suspension hearings are resolved. Um when you plead no contest,
you wave a right to a hearing. Um the student is not admitting to or denying the charges, but the charges as are written in the notice are sustained. Um however, no evidence about the incident goes into the record. Um and then the hearing office will just look at the charge and make a determination based on
that and the records cover sheet. Um you know, the length of suspension the student will serve. Um a parent can plead no contest at a hearing. Um but then when they get the decision and find out how long their student is suspended, they do have a right to withdraw that no contest plea um within three school days
of of learning the decision. Um and then finally um their third option is to proceed with a hearing. And again, you know, I mentioned sort of briefly a hearing is sort of like a mini trial. you know, the
the school has the burden um to prove that the the behavior did occur. Um unfortunately, that behavior that burden is pretty low. Um and so, you know, apparent it is often an uphill battle to to win at these hearings. Um but we do
and again, this is where getting the suspension packet is really important. Um because we do and are often successful when it's clear that u maybe the incident didn't occur in the way that the charge is written or there are some mitigating circumstances. um and that we're able to to get out in a
hearing um that can impact you know whether or not the suspension is sustained and then ultimately how long a suspension um the student will receive. So again, if you're facing this um you know definitely try to contact an advocate, speak to an advocate um about
the suspension hearing process. Um so I'm going to pause for a second and just see if folks have questions. Um, do you see a raised hand? I will unmute them, Jen.
Okay, thank you so much. Um, my family is watching you as we're eating dinner 21 year old students with IEPs in the house. Um, so I have a lot of questions, so I'm just going to ask one at a time because I don't want to hug up
the mic. Um, so I'll start with the first one. Uh, the principal suspension. Um, it's you're going to hold a conference before the suspension. Hopefully, probably not. Um if if the
conference because you know if you have a sus superintendent suspensions then you will have um the ability to have that manifestation determination review and that there is like you know there's like directions on how you're supposed
to do that. And if if it was found that the behavior was because due to disability then things have to change things have to be done. But a principal suspension this conference I'm imagining that there is no specific way that
you're supposed to do it. Um so it might not be done fairly and if that's the case what what would you suggest that families do in a situation like that? because a suspension is still a
suspension and the student will not be able to access his curriculum in the least restrictive environment um because he might have to go somewhere else. I don't even know if it's if a removal if it's for the whole day if that's a
removal or a suspension. So, I was just wondering like if it's not done fairly um what even if it doesn't go on a record, I don't even know what records we're talking about, but um what can you do
because it'll damage the child no matter what, right? So, there is there is an appeals process for principal suspensions um unfortunately, you know, and we we actually do do a lot of principal suspension appeals um but specifically on like process related issues. So, you know, we can get a
principal suspension expuned if the principal never came to the conference and just sent the dean or an assistant principal. Um, if they didn't give the notice properly or um, you know, didn't hold the conference before issuing the suspension and and there was no threat of danger. Um, things like that. Um, I
understand and you know, can sort of relate having been in a lot of these these principles and sension conferences, it is very informal. um you know there is less it's it's harder to um really effectuate due process in in that setting but again principles do have a lot of discretion with principal
suspensions. Um so there is an appeals process. Um again like you'll get a decision on appeal way after the student is already back in school. And so it's it's it's really you know when parents call us about principal suspensions. You know it's ultimately up to them if they want to appeal. But um you know
sometimes it it doesn't make sense to appeal because the student's already back. um really the conference I we see as an opportunity to talk to the school about you know different responses to student behavior that is actually addresses the underlying behavior and then just a note about MDRs. So
principal suspensions should and could still trickle trigger MDRs um if you know a student has reached a certain threshold of days and I'll get into that in this last part of the presentation. So yeah, um I guess Jay, I don't know. I can't tell
who who came next, but you're at the top of mine. Sure, if that's okay. I I have a question about MDR, but I'll I'll save that till after you present on that. Um I I guess just I was curious about um superintendent
suspensions uh especially applying to younger children with IEPs. Um it's very criminalized sort of the the whole process. The documents talk about the charges against the child. You have to enter how the parent has to enter how
they plead. Um the alternative site is extremely isolating. Uh it's a strange site with strange people, especially for children who have special needs. Um they generally don't receive all their services that they're required to receive by law. um they often times get
sent there just with a parah and then don't receive speech or OT and other things they have because that school isn't equipped to provide those services. They're equipped to take care of the students that are normally in the building. Um so my question was just
sort of about that it usually has a negative effect. Obviously we want to change behavior especially behavior that you know calls into question safety of of children. Um, and then the other part I just wanted to ask about is is the
superintendent suspension just a superintendent suspension in name only or is the superintendent supposed to have knowledge and be aware of it being handed down and and take part in that decision because I've specifically
spoken to a superintendent immediately following one of those suspensions being handed down and you know to get clarity on it and they were asking me for information as if that was the first time they heard of it even though it was a superintendent suspension from their
district. Right. Um so just to go backwards I guess the first the last question that you asked um so my understanding is um and again I know we have a superintendent here could maybe talk a little bit more about this but um you know the suspension the notice is
actually issued from the office of safety and youth development and so um I think that it might be a bit in name only um but the the approval comes from like the bureau suspension directors um who I believe are all under the office of safety and development. I mean there
is a lot of coordination and communication with superintendent's offices as well but I don't my understanding is that even though it's called the superintendent suspension it's not as though it's like the superintendent that approves the suspension. Again the awareness is probably there likely but um my understanding it is the office of safety
and development and sort of burough suspension directors that will approve suspensions um when requested by by schools. Um yeah, your question about sort of the the process and and how it can feel criminalizing. Um you know, I I
I mean, yes, 100%. I think, you know, that is something that we um we encounter and and the way that it is um yeah, the the way that that suspension hearings happen. And so, you know, that is why, you know, as an organization, we do advocate for, you know, the use of restorative practices and and
alternatives to exclusionary discipline. Um, you know, we've been doing suspension hearings for quite some time and, you know, are are constantly educating parents about their rights in the process. Um, but but yes, it is it's, you know, I mean, for all kids, not not just younger kids, it is it does
mirror the criminal justice system quite a bit. And and I know that there are folks within New York City public schools that are are also working to to try to change that as well. And so I um yeah, and just sort of affirming that what you're saying. So yeah,
um I know we have two more questions. I do have a a few more slides left. Maybe I'm I'm going to pause. I'm sorry, Jessica and Tamara. I'm sorry that I am going to pause right now, but please you can keep your hands up if you want and then I will call you on the at the end because I do want to make sure that I
cover MDRs for folks and it is just kind of a lot of information. Um so um so yes. All right. So just moving on quickly to talk about alternative instruction. Um I know you know uh both Jay and Jen mentioned this a little bit um you know about what the what happens
once a student is suspended. So students are entitled to alternative instruction. Um you know a a suspension is not meant to punish a student academically. Um and so they are entitled to homework, classwork, exams and in some in um cases of longerterm suspensions full-time
instruction. And this could be at the student's school at a different school or at an alternative learning center. Um, so the amount of alternative instruction they're entitled to, uh, so during a principal suspension or while waiting for a suspension hearing in
grades K through eight, they're entitled to full-time instruction. In high school, it's at least 2 hours a day. And then after suspension hearing, all students who continue to be suspended have a right to full-time instruction. And this is all in the tantrums regulations. And most schools should
have some sort of process set up for providing alternative instruction. Um and then you know the city has alternative learning centers that are under district 79 that provide um education to students that are uh awaiting a superintendent suspension hearing or um serving a a superintendent
suspension. Um so next I'm going to pivot and turn to the rights of students with disabilities. Um so as we know from the data suspensions are are disproportionately imposed on students with disabilities. And this is true even though the law gives extra protections to students with disabilities who are
being disciplined in school. Um and so the federal um education law or the IDA um contains specific rights and protections for students with disabilities that are um being subjected to discipline. Um and this includes expedited evaluations, a manifestation
determination review meeting or an MDR um which I know some folks are clearly familiar with because have already used that. um a suspension plan which explains the services or accommodations a student will get while serving a long-term suspension um and then uh a functional behavior
assessment or behavior intervention plan, an FBA. Um so these are the specific um protections that are listed within um both the federal and the state education laws for students with disabilities um subjected to discipline. So, first um just to frame this, you
know, who is a student with a disability for discipline purposes. So, students that have IEPs um are automatically considered students with disabilities. Um students with 504 plans as well. Um there's this third category that we want to make sure parents are aware of, which is um students where the school should
have been deemed to know that the student had a disability. Um, and this is in very limited circumstances, but it's uh when a parent expressed concern in writing to a teacher or administrator that their child may need special education, but they haven't actually started the referral process. Um, the
parent requested an evaluation, so they're in the middle of the referral process, but the evaluation just hasn't occurred. Um, if the teacher or school staff expressed specific concerns about a pattern of the child of the student's behavior to their supervisors. Again, this is a harder one for us to advocate for because, you know, oftentimes we
don't know if this has occurred, but there might be behavioral records that do demonstrate this. Um, and then if a child's behavior in school showed the need for special education services. Again, this is sort of a catch-all category, which allows us to advocate for um some of the protections that are
listed um in the prior slide for students that might not actually have IEPs yet, but are clearly, you know, in need of special education services such that, you know, we can argue that the school was deemed to know that the student had a disability. Um and so just to talk a
little bit about the right to expedited evaluations. So suspended students must get expedited evaluations when if at the suspension process a parent requests an initial evaluation or if the student is in this deem to know category um and you know doesn't have evaluations but a
parent's you know asserting their their uh their right as a a deemed to know student. Um and expedited evaluations at the discipline process must be done within 15 days of parental consent and then five days after the completing of
the evaluations there the school must hold an IEP meeting five school days after that. And so this really shortens the timeline. Um the typ the normal timeline for um referral and consent and and evaluation evaluation and having an IEP meeting is 60 school days. And so
this this really shortens the time time frame. And so we want to make sure parents are aware of this if their student does not yet have an IEP but is is being subjected to some sort of disciplinary process. Um so finally let's talk about um what is an MDR? So this is the main
protection for students with disabilities that are facing uh discipline. So, an MDR or a manifestation determination review is a meeting to decide if the student's behavior was caused by the student's disability or a result of the school's failure to follow the student's IEP or
VIP. And if the answer to that either of those questions is yes, um the stu then the student cannot be suspended. They must return to school and the school must do a functional behavior assessment or an FBA and a behavior intervention plan or a VIP. And if no, if any of the the answers to those questions is are
no, then um the suspension would continue. Um but the school must still create that suspension plan which will discuss, you know, what types of services and accommodations the student will receive while they're serving the suspension. And then they could still consider doing an FBA or VIP when a
student returns to school. Um it's important to note that, you know, um and we we advocate um for families quite a bit in these meetings. Um and when we're talking to schools, you know, it's not that um a student with a disability cannot be suspended or cannot it's not
that a student with a disability cannot face consequences for for their actions, right? It's just that the consequences must be appropriate if the behavior um is due to their disability. And so um if the behavior is again related to their disability then any sort of consequence
or any sort of reaction um you know must actually address the students need um and not just serve to exclude them from the school community. And so that's that's where you know we try to try to stress that and and make sure that that's clear that this is not this is not about a student you know not having
a consequence or sort of like not being allowed to be disciplined. Um, it's about making sure that the disciplinary response is appropriate to meet th that those that students particular needs. So, when must the school hold an MDR? And this goes to your question a
little bit, Jen. Um, when the student is suspended for 11 or more days in a row, an an MDR is automatically triggered. And so, if a student gets a superintendent suspension, um, that will automatically trigger an MDR, there will be the date, time, and place of the MDR will actually be, and this is superintendent suspension hearing
notice. Um, if a student is suspended for 11 or more days within a 40 school day period, um, then they are also entitled to an MDR. Um, and so this is where, uh, you know, it's important to note like if your child was removed from
class um, a number of times, if they received a principal suspensions, you know, if those add up to um, 11 or more days within 40 school days, then there should be something within the suspensions data database that triggers that notifies the school that they must conduct an MDR. Um, again, if some of
these removals are not um are not necessarily categorized in the way they're supposed to be or they're illegal removals, then that might not get triggered and that's where we can help advocate with a family to get an MDR um if they've been um removed or suspended for for this period of time.
Um and then finally, um when a student is suspended for 11 more days within a school year, um and there's some sort of pattern of behavior, um then, uh that's that's again another point where they can be entitled to an MDR. So, uh what happens at an MDR
meeting? So, the MDR team um usually contains um at least one person from the school that has knowledge or can at least interpret the student's behavior. So, it's typically a school psychologist or school social worker. Um, and the team will look at the student's IEP, their FBA, VIP, if they already have
one, any evaluations and teachers observations, occurrence reports. Um, a parent can bring in records. And so, um, we often will advocate at meetings and have, um, records from outside therapists, um, outside providers talking about a student's diagnoses and
and their behaviors, um, and then any other relevant information. And then essentially at this meeting the school must follow um this worksheet the the MDR worksheet which really goes through um all of the documents um tries to identify a
disability related behavior identifies you know the behavior the student engaged in any triggers and then you know it sort of prompts the team to discuss and determine whether or not this behavior was a manifestation was or was not a manifestation of the student's disability.
um some tips that we give families for preparing for MDRs. So reviewing all of the documents um making sure you know that you sort of pull out and and discuss any disability related behavior um from those documents and and bring it up at the meeting. Um
making sure that you know your child is actually getting all the services on their IEP. Again, it's not just about whether or not the behavior was related to the disability, but also um whether or not the student was getting the services on their IEP. So we've had circumstances where a student was supposed to have a parah during all
class periods and then the parah wasn't there at the time of the incident. Right? And so that is a situation where um that is a manifestation and you know they should not be suspended for that incident. And then finally our biggest tip is to really ask for outside providers to participate. Um you know
folks that work with your child outside of school that really know them and their behavior. Um you know they can either participate or write a letter. Um, oftentimes in this meet in these meetings, it can feel a little bit overwhelming, you know, where it's just when it if it's all school staff and a parent um, advocating for their child,
you know, some it's helpful to have um, you know, folks that can talk about, you know, why they believe it was a manifestation and and and you know, you know, describe other similar incidents or explain, you know, um, a student's diagnosis, things like that.
Um, and then finally, um, I just want to mention, and this is going to be such a a broad overview of this, um, this assessment, although this is sort of the key support, um, behavior support, um, for students with disabilities under the
IDA. Um, but if the behavior again is found to be manifestation, um, or even if it's not, the schools really should be doing some sort of FBA or BIP when a student is engaging in in, um, behavior and and they're being disciplined or
suspended. And so an FBA is a special education assessment um that serves to identify a specific behavior. So what behavior needs to change? Um and then an assessment is done when of that asks the questions when does the
behavior occur, where how often, for how long in order to determine the function of behavior. So why does the behavior occur? And then once an FBA is done, the team must use the FBA to create what's called a BIP or a behavior intervention plan um that will prevent and address
the behavior and promote positive behavior. So this is not simply a behavior contract. This is not simply that something that says um you know student must not engage in X behavior. Um it must include information about when and how often the behavior happens
and how severe it is. It must include specific strategies for stopping the behavior from happening which could include, you know, classroom changes, a new school schedule, you know, having additional support staff like a pair of professional. um a safety plan for how to manage the behavior when it does
happen, such as calming the student down, removing the child from the classroom, you know, if appropriate. Um having the child speak to a trusted adult. Um it could also list specific school staff who your child trusts who will be designated to work to support them. Um and then um most importantly,
it must measure progress. So there has to be a schedule to mark mark progress and set future meetings so that you know parents can remain up to date about how this plan is working. and if it's not working then it must be changed. Um for us you know a VIP is only really as
effective as um as you know how it's being implemented. And so you know really trying to assess and talk to school staff about whether all staff who interact with the student are fully implementing the plan and if not you know advocating for school staff to get
coaching and implementation support. Um again if with proper implementation the student is not progressing under the BIP then that might mean um that it needs to be changed. Um all right so those were the supports for students with disabilities.
Um that ends my presentation. I'm going to go back to the Q&A um because I know there were a few folks that I missed earlier and then a few extra hands as well as some um information in the chat.
So, I don't know, Gavin, how you want to do this. I think before before I go to turn to answer questions, and I can stay on um as long as folks need to answer these questions, I just want to make sure you have this slide has our information, our um helpline information um as well as an email address you can
email if you have questions or navigating a school discipline issue. Um and then I also ask if you have time to um complete just the short training survey. There's a QR code here um which helps us gather data and assess you know how helpful or unhelpful these trainings are and if we need to make any
adjustments. Um yeah so with that I will pause and I can answer any questions folks have and maybe we can go to to Tam Ellen. I'm just reading from my from my
screen down. Tam, Ellen, Jay, and and Jessica. Hi. Thank you so much for this information, and I wish that every parent had this access, right? Um because schools don't give it out a lot
of the time. So, it's it's it's a matter of do you know your rights? Do you know the system? And which parents know it? And it's it's just so ridiculously sad what I've seen happen over the past several years just working as an
advocate in this space. And I'm I'm more concerned honestly about the unofficial suspensions and classroom removals that I know are rampant um particularly in district 2. It's it's a big concern when
you don't have the services that you're supposed to have and therefore your behavior you escalate. Right? If you're a kid who needs ICT and you have three core academic courses across a year where only 80% or 80% of the time
there's no co-teer in that classroom, then you don't have access to the material, right? And so kids are being sent out of the classroom. They're not being given small groupoup instruction. They're being given a babysitter. They're going to the assistant principal's office, the
counselor's office, sometimes just a room with an adult in it. Their parents are not being notified that they're missing instructional time. And it's not being made up. And that affects their self-esteem. It affects everything. And that's not on the kids, that's on the school. Like those are mandated services
that need to happen. I mean, the parapiece is just another part of the disaster, right? you have a parent and it's being shared with another classroom, you know, that person's going away. Um, but you know, my concern is is what's what's the reporting around that? Like because these parents that I've
worked with have no idea unless their kid tells them and what they say is I got in trouble, right? Not my my parro wasn't there. My speech pushin didn't happen. There's been only one teacher this whole time in math, science, and
ELA, right? And so you see them leaving all the time. And so I'm I'm curious what sort of responsibility the schools can actually take because I know that I'm well informed and it's hard as hell to advocate for for kids, you know, like even knowing all of this stuff. And the
and the other thing that I just wanted to ask you really quickly is it seems like schools are not exhausting and you know the full range of remedies that are available under IDA and through the DOE first before they offer or suggest you
know very in very you know straightforward this is what we're going to do next. And it's harsh right? A lot of times it's lately I'm just I'm gonna be honest. I have four students I'm working with that are at Belleview and they're under the age of 11. It should
never get to the point where you're an elementary school student. You haven't received your services. You're not in the right classroom designation. You don't have a parah. The school doesn't know what to do with you. and you get to a point where your mental health declines so much as a little kid that
you end up in a psychiatric ward, a hospital, a PHP program, and then the school doesn't even want to take you back. So, how can we tell parents and how can we make sure that our schools are doing things like an FBA and a BIP
as a preventative measure, not as one that happens after the kid has escalated and is missing crucial instruction time. And parents don't know you can ask for those. They don't even know what the hell a BIP is. They don't know what an FBA is. They also don't know that you can request it at any time. You don't
have to wait for an AP meeting or a trienal. The second piece is they don't know they can request a psychiatric evaluation and that it can be paid for by the DOE and it should be and that's a very common thing that helps build an FBA and you can also get a 504 right for
mental health related accommodations which parents don't know about. So what can we do? I think that it's just a constant fight but it it seems like some schools do a much better job and that teachers and support staff take their lead from the leaders in the school.
Also, when it's a top- down issue, I just feel like we're at such a loss because like that's the modeling that they're being given. They're given a message that they can cut corners, but these kids are feeling it. I mean, the mental health of our students is students with disabilities gets ignored
a lot of times, right? So, I don't that was kind of a meandering rant, but I'm just like it's just breaking my heart to see what's happening. Yeah. I mean I I hear that and I don't I certainly don't have I don't have a a like a clear answer to it because there like you know
other than you know what advocates for children tries to do is really educate parents about their rights in this process and you know making sure that parents are empowered and understand that all these things that you're mentioning that these this should be a preventative like these things can be put in place should be put in place ahead of time. Um things like when we
see illegal removals happening, really questioning, you know, school staff and saying like, is this a teacher's removal? Like, are you logging this as a teacher's removal? Is this a principal suspension? Like, is this is the student being suspended? Is my child being suspended right now? You know, really pushes schools to to think and
re-evaluate, okay, like, can I do this? Should I do this? Pointed to the chantros regulation about EMS calls. Um, you know, it was just um amended last last summer. Um the language in there is pretty strong um and supportive of families of young people that are in crisis in schools. And so you know again
pointing to that language and saying like have you done this like have you know where's the crisis team? Have they intervened? Have they you know again like a lot of it is just awareness and knowledge and and empowerment of families to know their rights and to exercise them. Um I mean certainly I'm sure there are are ways to reimagine
like the delivery of special education services and the delivery of this of the system itself. um that's sort of beyond the scope obviously of this presentation and of of what we can do. Um but you know that is something that you know there are there certainly are better ways there are ways to push um schools
to actually um provide students with you know with with the supports that they need. And so um certainly at AFC like those are just some of the things we do is really point to parents rights and say this is like like what is this removal? what is this what are you categorizing this as you know for
example and and sort of really pushing schools to identify that and and again like you know understanding and and appreciating that these are difficult these can be difficult decisions by schools and school staff in the moment when a crisis is happening or an incident is occurring um and then really
advocating you know for more support you know we often will help schools you know we'll help schools advocate for more support from central right like if if if a student needs more support you know we will file in partial hearings to additional services for students um in schools. And so it's it's it's a range
of things, but I think it really starts with parents like knowing what they can ask for and and how to how to advocate and knowing that you're there because thank you by the way. I've called your helpline at least 50 times. Um not I'm not even kidding. And there's always somebody willing to help and dig in and
it's I really appreciate that and I'm going to just share your number with everybody I know from now on if that's okay. Yeah, of course. Of course. Um, we go to Ellen. In comparison, this is very
quick. Once the evaluations are signed off on, once the parent agrees to the expedited evaluation, is it 15 business days or 15 calendar days for the for the eval? I believe it's 15 school days. So, it's the same days. Business days. Yeah,
it's school days. It's school days. So it would include vacation time or anything? It would. Yeah, it would. Yeah, it would. It would not include school holidays. Yeah, it would not. Or it would it would not include the 15. Yeah, because if it's 15 school days.
Yeah. And then five school days after that, they must have the IEP meeting. So, thank you. Yeah, I I think I'm I was next. Um, I I just quickly I just want to echo e echo kind of what Tamara said just quickly about
the concern about the unofficial suspensions. Um, that um the being called to bring your child home for undesirable behavioral action, that's
rampant. Um, we're just seeing a ton of that. uh a lot of use of like safe room, safe room as a consequence place. Not not only because a child is in crisis, but as you did this today, we'll have
that space available in 4 days. So your child will spend a day or two there in isolation. Um so that's just one thing I just wanted to mention. Just echoing what Sam Tamara said, it it it's rampant and I know you refer to those as illegal removals, but they're happening constantly. Um, just with the MDR
process, I know that for children with IEPs, the MDR, um, I know there's those thresholds that trigger them. There's language about, um, when they hit these thresholds for a number of removals within a 40 days and things like that.
Um, that the language states the MDR should happen before the removal. Um, but it still always hap is scheduled later. And whether it's the first suspension or it's one that technically according to that language should happen sooner. Um the suspension office always
schedules I know the law requires the MDR to happen within 10 days. It's always scheduled at 10 days or the or the closest weekday that will comply with that. So if the 10 days would be a Saturday, then it'll be the Friday before it'll be 9 days. They and I've
spoken to the suspension office. They say that it's computerenerated. So the computerenerated system basically just does it the max under what state law requires and then what happens at the MDR often times parents are told by the
school this is a superintendent suspension and we know it was a manifestation we have to do go through this process we will say it's a manifestation and he will and your child will be you know uh reinstated immediately they get suspended though
during that time frame and Then you have the manifestation determination review and it comes out, you know, it's determined it was a manifestation and then the suspension office officially declares it such after that meeting and says by law we're not allowed to suspend the
child after they've been suspended for a week and a half, two weeks. And we had at I'm a CEC president and we had uh folks from special education DOE central special education at a meeting presenting on MDRs and we brought this up and they said it doesn't compute.
There's a problem with the law and the suspension office and they're trying to work uh with that department, but it seems like nothing has changed and they're still in this space where they say it doesn't compute. Um so, you know, I I I didn't know if you had any
thoughts on that and also just in the future if you could let me know how my CEC can coordinate with you and have have you to our meeting. Yeah. Yes, definitely. Well, yes, I can I can leave my email in the chat and um you can reach out about that. But yes, I
like sort of the systemic issue of MDRs and the timing where it sort of gets like a you know, it's almost like a a like even if it is a manifestation, you still are able to exclude a student from school for that 10 days up until the the
MDR happens. Um you know, that is it is unfortunately like there's not much we as individual advocates can do to change that. Um, I should say that there are folks within the special ed office um that I know that I mean I'm sure if they present it sounds like they presented to you but that are working on MDR related
issues. And so um if we have if if there are issues where maybe you're trying to advocate for an earlier MDR um you could potentially you know escalate to the special education um at schools.nyc.gov of email address and try to get, you
know, um the person within um uh the within the special education office. It's Stephanie Jamilo is the one who we communicate with the most who's sort of like looking at this issue. And so I think you know I yeah I I can't there there's not much to say unfortunately
that is that is sort of like the like what they're allowed to do under the law. But you know the spirit of the MDR and the idea behind the MDR really should preclude that, right? like it it should happen before a student is actually suspended or removed because the whole argument is that you know that
that is not actually addressing the underlying behavior. So I hear you. Yeah. And the suspension office did tell us I spoke to an officer from the suspension office recently and they said that the suspension hearing date gets set. It's computerenerated so many days
out and then the MDR 2 days later. But it all backs up at the end to the MDR being as late as possible allowed under the law. But also if the parent guardian enters a no contest plea and waves the
suspension hearing immediately. So that suspension hearing that might be 5 6 7 days out from the suspension notice and they wave it immediately. The dates aren't changed. There is no exp at that point. There's no the the MDR will take place at the school. The suspension hearing office is supposed to coordinate
be informed of it. But at that point, the MDR just logistically should be able to happen very quickly. Right. Right. They do not. And the vention office is the only one that could actually change that date and they will not. I mean, we've we've had some success with with
on like the individual school level of just asking for a more like a you know, once the no contest play is entered for a, you know, a to reschedule the MDR because the date on the hearing notice really is, you know, it's like a recommended date, but it, you know, like if the parents not available for that
date, then the school must work with the family to like reschedule. I mean, the parents entitled to be there. And so it really is um it might be possible on a school level to get that rescheduled sooner um just to have the MDR. But again like if a school is mo is doesn't really want the students to be back in
school and knows it is a manifestation then that you know that might obviously change the motivation in terms of um flexibility with scheduling. So again these are sort of systemic issues that I really I I do I I know that you know folks within um DA New York City public schools and and um central are looking
at and working on. So, thank you. Yeah, I think Jessica, thank you. Um, this is great. Thank you. I um I have a couple questions, but the first two have already mostly been touched on, so they should be quick and maybe if it's okay,
this is perhaps also a question for you, Kelly. Um, the first question was, uh, what kind of oversight occurs in schools to ensure that the BIPs are getting created and being implemented properly? like is there a particular protocol and we're just falling apart on the
implementation. Is there something written that or isn't written that would be helpful to ensure that this is occurring more regularly? So I so so there is very little oversight on the the BIP process. Um and you know it is something that it
is again like the main protection the main you know uh source main support that we can advocate for when a student's having behavioral challenges. Um but I say that at the at the same time know that it's it can often not be effective because of you know both how it's created and how it's implemented.
Um, I should say that, you know, we do know that within central, I mean, just on a policy advocacy level, like we are always advocating for funding for, you know, there to be behavioral specialists in districts or or or for school staff to have access to behavior specialists who can work with them to create quality
FBAs and VIPs. Um, but yeah, but that doesn't obviously doesn't exist right now. And so um however if a family does if if a school has created a BIP and it is a special education you know an FBA is a special education assessment if they disagree with it like the both the
categorization of the behavior and then the you know the actual strategies that are in the BIP um then they can disagree with it and request an independent assessment authorization for an outside evaluator to come in and do that FBA with the school. Um, and once that
process is started, once once a parent asserts their right to disagree with an evaluation and ask for the independent assessment, um, it's more often than not that that those are granted. Um, because in order for a a school district to deny that, they actually have to file a hearing themselves and say why and
defend their evaluation essentially. And so what we will advocate for often when a school created BIP is not appropriate or just not working um is is for that assessment authorization to to then go outside and get an independent provider
to provide that BIP. Um yeah, so that's that's sort of like the I mean again like not not accessible for everyone. I mean that's not that higher level of like did this already. Okay. Um thank you. And um next question was do you
happen to have any data on the number of legal removals that are occurring? Do we have any sense of when everyone's saying anecdotally this is happening happening a lot what that actually looks like? I I am not aware of data collection. I guess Kelly you you might you might be
aware of that but yeah it requires a little bit more digging um also because removals are often initiated by um teachers. teachers have uh that in their contract to remove a student from their class for that period. Um but it is something that I can find. Thank you. Um
sorry, one more question. Um, but Reneie, I would just um I guess ask you, you know, we know you shared data that we know that black students, students with IEPs and those in temporary housing are
disproportionately receiving um suspensions that they're receiving higher rates. Um, what would you say to somebody who says, "Well, sure, that's because that group of students um are displaying
behaviors that require uh suspensions at higher rates. Would you could you share with us maybe just some information how we could help parents advocate um and counter that kind of statement or argument?"
Um, I mean that's hard. Sorry. Yeah. Yeah. No, you're fine. You're fine. Um, but there may be data perhaps that I think for us it really is that the data and the information about um really the ineffectiveness of of exclusionary
discipline and and suspensions generally. I mean, they they they just do not change behavior and that negative impact is pretty significant. And so, you know, I think it's really difficult for parents um that are navigating the public school system, you know,
especially if their child is is being subjected to behavior or or things like that to sort of jump to, okay, like the student just needs to be removed or I just need, you know, I I just want my student to be safe and and like we understand and respect that. But I think for us, what we're advocating for is for
actual, you know, evidence-based um responses to behavior to actually improve school communities and change change behaviors. I mean, these are all it's it's all kids. Like, they're they're all they're all young people. They're all kids and and they all sort of obviously deserve a chance to get the
supports and interventions to actually um to actually address underlying behavior and and and have their needs met. So yeah, I don't know if that's like exactly responsive, but that's that's sort of the the angle and and and how we advocate um especially within school settings, you know, because again
like we can understand and we represent, you know, we represent certainly families of students that are being suspended, but also, you know, a lot of families of students that are being um you know, subjected to different types of behavior, bullying behavior, things like that. And so we sort of and oftentimes those you know they it's the
same kid, right? it's the same kid um that is both the target and um potentially the the perpetrator of of of these acts. And so it's it's sort of it's the idea that um exclusion exclusion is is going to help the
situation or really change school climate and school communities is something that I think is pretty well established to not be the case. And so yeah, that's what we focus on. And I'm happy to I can try to pull some of those studies. Um, you know, there's lots of national studies about uh the impact of suspensions and exclusionary discipline
and and um sort of the both the harm and then also the ineffectiveness in terms of actually addressing school behavior. There's, you know, there's both national studies and then, you know, like the New York State Education Department has issued a number of reports. the board of regions has issued a number of recommendations um regarding
exclusionary discipline and and really like emphasizing that long-term suspensions do not actually address um student behavior. So yeah, absolutely. I guess I think there there also there's I just don't have it now, but there's there's data also to support for example
that some of this has to do with how behavior is being interpreted or you know how certain uh how discipline is being uh enacted um with different groups of students as compared
to behaviorally what is actually going on. Um, so if there's any of those studies that you can share too, that would be that would be great. Yeah, definitely. And you'll see some of that in the code, like if you look at the different infractions, I mean, a lot of it is about obviously perceptions of
behavior. And so there's obviously a lot that goes into that and so how behavior is categorized and how, you know, what type of suspension um, is being issued. You know, there's there just a lot of factors that come into play there. So, thank you. Next we'll go to Mark, um Jamie, and
then and then and then Anita. Uh thanks by the way. Um Miss saying Mr. Maguire, etc. Everybody, thanks. Um so listen, um my child suspension happened some
time ago right before the Christmas break. A very rushed, um what do they call it? uh investigation, but that's kind of bled under the bridge. I guess going forward is I'm just concentrated. I'm trying to get concentrated on the um expungement and if there's a
way to do that smartly and you know I guess the last question I really have is can I set up a meeting with your office because it's been very helpful and I won't bore you all with the details. Everybody here covered the
ground very well. Um yes, you you can definitely reach out to us. Um the the sort of typically for families, um we have um you know, we have folks reach out to our education helpline um or at our info at Advocates for Children. Um since you all are here,
I'm going to put my email address in the chat. So feel free to reach out to me directly. I can I can try to um talk you through your specific issue. So yeah. Thank you. I think Jamie, you're next. Hi, thank you so much for this information section
is super helpful. So um my question is I'm a parent from the district 2 and my question is like what's the you know right way or procedure if we think the principal is not actually doing her
job like our child is actually um from grade four I think he's uh diagnosed with the disorder I think it's partially also because the punishment from the school and then um yeah so I was wondering like if he was like scared of
principal being dreamed of being yelled at and also um being punished negatively. Um the principal is not following the doctor's note um to be a bit more like positive reinforcement and what she cares about is um really pushing for her academic agenda. So not
really like caring for the student but caring about how like he could she could best do her job like to as administrator. So I don't see any interest of her like really um thinking about their child. So um so my question is really like in this case if we want
we have questions about the principal and her you know her behavior or u conduct um what would be the um the right way? Thank you. Appreciate that. Yeah, I think it it looks like Kelly put this in
the chat, but I was I was going to say that I mean for us, you know, what we advise families to do is to reach out to the superintendent's office who's is there to support um families, but you could also reach out to me. I mean, I I don't know, you know, your your child's specific circumstances. It sounds like
it's been a struggle. Um but if there are other things you could be advocating for or things that, you know, I can suggest to you, I'm happy to to talk through that. So, if you you can also reach out to me. Um, my email's in the chat. Um, and yeah, I can I can try to see what advice we can provide, but
certainly it sounds like Kelly also put his email address in the chat. So, thank you so much to him as well. Yeah, thank you so much both. Thank you, Kelly. Thanks, Jimmy. Uh, I think Anita had a question. Hi, good evening everyone. I joined very
late because I came aware very late. So, um I wish I didn't miss a meeting. My goodness. I I'm hoping maybe I can get a recording. So, um to piggy back off of um the question that was uh
displayed earlier about suspensions. Um, one of the issu I'm a seventh grade um, parent and I'm also the seventh grade representative, class parent, you know, and um, one of the issues that's arisen is that
um, because there is such a pressure, for lack of a better word, for the principal to lower the suspension rates in the school, what's happening is there's one particular child um, who doesn't look
like a child. He looks like um a really like senior in high school. But anyhow, um he has um been constantly disciplined, makes a lot of racism mark, very disruptive in
the class, and has insulted my son badly. Um you know, middle schoolers, they can really get to the core, but he is exceptionally so. who does a lot of racial sur and has just really affected the energy of the class.
Teachers are ignoring, they're not always documenting what's happening. Um, you know, calling calling um kids by their their race, you know, in a very rude, derogatory manner. So, what is the
process? like I've set up a meeting for our class to meet with the principal, but what can be done? Because my our teacher is basically I mean the principal is basically saying, "Oh, well, you know, he just puts his hands up in the air saying the parents don't
want the child to leave because it's a very good school." And um you know um I know that it's a journey to go through the school and I know that I I'm empathetic towards this particular child but it has
tremendously affected and disrupted our class. I hope this is relevant to what we're talking Yeah. I mean it's it's definitely relevant and I think you know we I mentioned that we sort of work with you know young people both that are
being suspended but that are also sort of you know in in a situation where um it it's I wish I I don't have like a very clear answer here. I mean, we both sides have rights, right? And like
we we um really try to emphasize and focus on parents due process protections in the suspension hearing process because I think mostly what we see is sort of, you know, maybe not the situation that you're mentioning. Um but in the situation you're mentioning, it sounds like you're doing everything that
you could potentially be doing. Um, no, the I'm sorry, the dean and everyone, they don't even call the parents to let them know what's happening. And number two, like he is I'm sorry, a black brown child. And he is insulting fellow black
brown students and he and they are being told the message to just ignore or shut it down or don't pay attention. Basically, I don't like that either. That message really bothers me that they
have to learn to tolerate this. I mean, this is this is not appropriate. Yeah. Anita, I'm not sure if your child's in a District 2 school or not, but um I'm going to just reput my email in the chat so that I can reach out to you individually to check in on what's
been happening at the school. Oh, it's district five, but and I'm in district three. So, but we're all friends now. we are I can say Anita that you know something that we really advocate for and I don't you know this is this is maybe I don't know if this will help in
this immediate situation but you know while we don't sort of you know support like excluding students excessively like you know I think what we emphasize really is this this use of restorative practices and I think the idea like sort of that strategy that you're mentioning
where it's just telling young people to ignore behavior or to like let it go or something like that that's really not addressing it. Yeah. Not addressing it. Yeah. Yeah. I think the key thing is, you know, I think the way Yeah. I mean, what what what and you know, a lot of this has to do obviously with the
administration and the way things are funded and and you know, I don't necessarily need to get into all of that, but um certainly advocate for assertive practices in these these types of situations because again, you know, a lot of it is just about young people not understanding the
harm that they're causing. Um, and restorative practices really gets at the root of that. You know, it's like understanding that you're in community with other young pe with other with the school is a community, right? And and and and you know, you you need to be um there are consequences for actions. Um
and you know, you you sort of need to to to understand the harm that you're causing. And so that's where that's where restorative practices can really make a difference. Um, again, I don't like if your district doesn't have it, then it's kind of hard to know, but it could be something you can ask the principal or your superintendent.
It's there, but I don't understand how formulated it is, right? Um, also um, thank you. But I want the former the person that uh had a question before about what to do. Um, I encourage uh
connection via the 311 line. Um, and I can put it in the chat. There is a it's called a DOE escalation line. So she can connect via 311 and then they have a parent engagement line and that you know
I filed two complaints. One about this um and and it gets sent to the family support center in the district and they handle it. They have to handle it. They have to handle the complaints. So that's the avenue. I can
put it in the chat. But thank you. Thank you. I I think I think we have a a question from from Sonel and then and then if we have have a moment uh another uh question from from Jed. Hi Roanei. How are you? Um so I am a
former advocates for children staff attorney and I just want to say um you guys are so amazing and thank you for being here and and sharing with us all. Um, I also sit on CC2 with Gavin and Jessica and Sarah and I was not able to join our call, but I do have a question. Um, and maybe it's more policy, but you
know, we talk a lot about sort of disparities and suspensions based on race and class and housing. Um, and and the data is there and the data is great, right? But, you know, what it what it shows is sort of undertones of racism,
classism, xenophobia, right? you know, the ways in which we perceive behavior from a black child versus a white child, even if it's the same exact behavior. And I see a lot of listening school. Um, and so I'm I'm curious outside of studies um on the outside of the data, I
mean, do you have any thoughts on, you know, sort of the root causes of why we're seeing these disparities, what kinds of literature is out there? I'd love to see some of that, but really sort of understanding not just saying, "Yeah, this is what's happening students with disabilities and black kids and whatever, but like why and you know, are
the adults making those decisions trained, right?" Like what is really the cause of and how can we move towards a better solution to some of the disparities and suspensions? Yeah. Yeah. And I, you know, again, I I think that there are
there certainly are studies about, you know, like like how perceptions of behavior and implicit bias and how that can play a role. Um there are also, you know, lots of studies about just like generally how our how maybe not in New York City, but like how school systems
approach um behavior just gener like or I think that you know schools sometimes sometimes schools or and I think this was mentioned also um by one of the the parents that was talking about their struggles with the principal, you know, the focus is so much on academics and maybe less on
social emotional functioning and behavior. And um I think for us, you know, the way we experience it and the way that we talk about it is that, you know, this is all this is part, you know, students are like our young people are learning how to be citizens like within school. They're learning how to
interact with other people. They're learning behaviors. And so like it it's important that schools are intentional about how they approach that. Um and not just kind of like let things happen and not, you know, try to foster and build build community. And so, um, I can I can
try to find some of that and send it to you. Um, but yeah, I I again it's it's there are so many factors that are involved. Um, but there are yeah, like I yeah, it's it's it's hard for me to identify like, you know, and and there certainly
haven't been I I'm not aware of studies within New York City about like why these disparities exist within New York City public schools. Um, but just generally like I think the APA has like American Psychological Association of studies like again I mentioned like the board of regents did a whole review of
suspension data and and came to some conclusions about um discipline. Um and so yeah, so I'm I'm happy to share that. I can try to compile some of that and email you. Yeah, Jen, maybe we'll take your your question. The last one. Thank you. I
didn't want to. I could I could ask 20 questions. Um, but I uh I you know I once had a situation where a second grader was handcuffed, autistic second grader was handcuffed with Velcro
handcuffs because he was having a big huge meltdown. Um and uh you know and the the ambulance came too or um police whatever EMS um so you know and there
was a phone call to the parent to you know I'm doing this now you know so the parent could have tried to pick up the child and take them home. So, this sort of got me thinking about, you know, what you had said about illegal removals and
how so many parents are faced with the phone call of your child is having a day, you got to pick them up. And um and so parents, if if they did know that
you're not that the schools are not allowed to do that, how can how would you want the parents to respond? What would you want them to say? And then just to like throw it in a little a little ringer, you know, what
if the threat of EMS was at the tail end of that come pick up your child. So like not every come pick up your child phone call is going to have an EMS threat to it, but you know, so it's like a two-part question. Sorry.
Yeah. Yeah, I mean I I wish I could say I haven't I I have had that conversation many times um with with families and I think you know if there is no threat to EMS then I think our response is is you know pretty much like you know why is the student being removed like is this a
suspension is this a removal sort of some of the things I was saying before obviously if there's a threat of EMS I think you know the questions are more like really pushing them on like what did they like have you you know looking at the chancers regulation and looking at the steps schools need to take um and
asking them did they do these like like it it says very clearly in the the updated chancellor's regulations that schools cannot use the threat of EMS um to get a as a disciplinary response right and so pointing to that language and saying that um you know and I say
that but at the same time you know obviously parents are going to make their decisions and I you know like me as an advocate in the moment can't stop a school from calling like once that 911 call is made they have to come you know the they have to do their assessment like more likely than not they would. Yes. Exactly. And so it's just it's it's
like a obviously it's a it's a parent's individual decision, you know, like whether or not they want to take that risk, but I should say that that like I you know, you don't want to like be there trying to call the school's bluff and then having them call EMS and having your young person in that situation. And
so um but the language is really strong in the tancerous regulations and I think really emphasizing that and then you know making sure that that's once that happens if that happens once like it shouldn't be happening continually like clearly the student or the school needs
more support and so that's where we really try to step in and you know immediately like escalate to central get someone into the school to provide more support you know advocate for like an immediate at risk paraprofessional like you know all the you know really activating like the special education
rights of the family at that point um is really what we would do but but yeah that's that would be my response to yeah so um I I just want to thank I want to thank Roini um and I want to thank thank
um thank Kelly Magguire I want to thank all of you my fellow CC2 members fellow CC21 members and um just just um and and and Victor is our is our administrative assistant has been very, you know, graciously, you know, set up this the sort of all the technical aspects of
this Zoom. And so, we're appreciative of that. I feel like we could probably go on much longer, but but I'm I'm mindful of that. We are um relying on the sort of the um we are the the the the sort of the the volunteer efforts of of
Advocates for Children. And um they they have some great resources on their on their website. I've I've looked at a lot of the the videos um and and slides that they have posted there which I think are very helpful. We will post this um this video and I think and I think slides for
for anyone um and and I think um Kelly Magcguire our superintendent left his email. I left my email in the chat. I think there's some other resources in the chat. Um, so I just want to want to thank you all and and yeah and especially thank uh thank Rahini Singh and Advocates for Children for uh sharing their expertise and their and
their time with us tonight. Thank you all. It's good to meet you. Bye. Thank you. Good night. Have a good night everyone.