What Is a School Suspension in Connecticut?
Under C.G.S. 10-233c, a suspension is an exclusion from school privileges or transportation for no more than ten consecutive school days. Connecticut law recognizes two types of suspension:
| Type | What It Means | Maximum Duration |
|---|---|---|
| In-school suspension | Exclusion from regular classroom activity, but the student remains in school in a designated area | Up to 10 consecutive school days (cannot extend beyond the end of the school year) |
| Out-of-school suspension | Exclusion from school entirely, or exclusion from school transportation | Up to 10 consecutive school days |
Since July 1, 2015, all suspensions in Connecticut default to in-school suspensions. Out-of-school suspension is only allowed under specific circumstances, which are explained below.
What Conduct Can Lead to Suspension?
A student can be suspended for conduct on school grounds or at a school-sponsored activity that:
- Violates a publicized policy of the board of education
- Is seriously disruptive of the educational process
- Endangers persons or property
For off-campus conduct, the standard is higher. The behavior must both violate a publicized board policy and be seriously disruptive of the educational process. This can include social media posts, cyberbullying, or behavior in the community that substantially disrupts the school environment.
In determining whether conduct is “seriously disruptive,” the administration may consider whether the incident occurred near the school, whether other students or gangs were involved, whether violence, threats, or weapons were involved, and whether alcohol was involved.
When Is Out-of-School Suspension Allowed?
Connecticut law strongly favors keeping students in school. Since July 1, 2015, out-of-school suspension is only permitted under specific conditions:
| Grade Level | When Out-of-School Suspension Is Allowed |
|---|---|
| Grades 3-12 | The administration determines the student poses a danger to persons or property or such a disruption that they must be excluded from school, or the administration determines out-of-school suspension is appropriate based on evidence of previous disciplinary problems and prior efforts to address behavior through means other than suspension or expulsion (including positive behavioral supports). |
| Preschool – Grade 2 | Out-of-school suspension is only allowed if the student’s conduct poses a physical danger to other students or staff. The administration must also consider developmentally appropriate alternatives. |
If your child received an out-of-school suspension and the school did not meet these requirements, the suspension may be challengeable.
What Are Your Child’s Rights During a Suspension?
Connecticut law provides specific procedural protections for students facing suspension:
- Informal hearing before suspension. Unless an emergency exists, no student can be suspended without an informal hearing where the student is told the reasons for the discipline and given a chance to explain their side. If an emergency exists, the hearing must be held as soon after the suspension as possible.
- Parent notification. The school must notify the parent or guardian within 24 hours of the suspension, including the reason for the discipline.
- Right to complete schoolwork. Under C.G.S. 10-233c, suspended students must be given the opportunity to complete all classwork, including examinations, missed during the suspension.
- Limit on suspensions. A student cannot be suspended more than 10 times or a total of 50 days in one school year (whichever results in fewer days of exclusion) without being granted a formal hearing before the board of education under the UAPA.
- First-time suspension option. For a student suspended for the first time who has never been expelled, the administration may shorten or waive the suspension if the student successfully completes an administration-specified program.
How Does the Suspension Process Work?
| Step | What Happens |
|---|---|
| 1. Incident | The school identifies conduct that may warrant suspension. |
| 2. Informal hearing | The administration holds an informal hearing. The student is informed of the reasons for the proposed discipline and given a chance to explain. This is not a formal trial – it is a conversation, but the student’s rights must be respected. |
| 3. Decision | The administration decides whether to suspend and, if so, whether the suspension will be in-school or out-of-school. Out-of-school suspension requires meeting the specific statutory conditions. |
| 4. Parent notification | The school notifies the parent or guardian within 24 hours, including the reason for the suspension. |
| 5. Superintendent notification | The administration must notify the superintendent or designee within 24 hours of the suspension, including the student’s name and the reason. |
| 6. Schoolwork | The school provides the student an opportunity to complete all classwork and examinations missed during the suspension period. |
| 7. Record | A notice of the suspension is placed on the student’s cumulative record. It is expunged when the student graduates (or earlier at the administration’s discretion for first-time offenses where the student completes a specified program). |
What If Your Child Has a Disability?
Students with an IEP or 504 plan have significant additional protections under federal law when facing suspension.
The 10-Day Rule
A school can suspend a student with a disability for up to 10 cumulative school days in a school year under the same conditions as non-disabled students. But once suspensions exceed 10 cumulative days, additional requirements apply:
- The school must conduct a manifestation determination to decide whether the behavior was caused by the student’s disability or was a direct result of the school’s failure to implement the IEP or 504 plan.
- The school must continue providing educational services so the student can participate in the general curriculum and progress toward IEP goals.
- The school must conduct a Functional Behavioral Assessment (if one has not already been done) and implement or revise a Behavior Intervention Plan.
If the Behavior Is a Manifestation
- The student must be returned to their placement (unless the parent and school agree to a change)
- The school must address the behavior through the IEP process, not through discipline
If the Behavior Is Not a Manifestation
- The school may impose the same discipline as for non-disabled students
- But the school must continue to provide educational services during the suspension
If your child has a disability and is being repeatedly suspended, contact an attorney. A pattern of short suspensions can constitute a change of placement under IDEA, which triggers full procedural protections including a manifestation determination.
How Can You Challenge a Suspension?
If you believe your child’s suspension is unfair, disproportionate, or procedurally flawed, you have options:
- Request the school’s written basis. Ask the administration to explain in writing why the suspension was imposed and what policy was violated. This creates a record and forces the school to justify its decision.
- Document procedural errors. If the school did not provide an informal hearing before the suspension, did not notify you within 24 hours, or imposed an out-of-school suspension without meeting the statutory requirements, document these failures.
- Request a meeting. Ask for a meeting with the principal or administration to present your child’s side and any evidence that supports a different outcome.
- Escalate to the board of education. If the administration will not reconsider, bring the matter to the board of education. This is especially important if your child has been suspended multiple times and is approaching the 10-suspension or 50-day limit.
- File a state complaint or due process complaint. For students with disabilities, if the school violated IDEA procedural requirements, you can file a complaint with the Connecticut State Department of Education or file for due process.
- File a discrimination complaint. If you believe the suspension is motivated by your child’s race, disability, gender, or other protected characteristic, you can file a complaint with the U.S. Department of Education’s Office for Civil Rights (OCR).
How Does Suspension Affect Your Child’s Education?
Even a short suspension can have lasting consequences:
- Missed instruction. Every day out of the classroom is a day of lost learning. While suspended students have the right to complete classwork, they miss direct instruction, class discussions, and peer interaction.
- Falling behind. Students who are repeatedly suspended often fall behind academically, which can lead to disengagement, lower grades, and increased risk of dropping out.
- Cumulative record. A suspension notice is placed on the student’s cumulative educational record. While it is expunged upon graduation, it can be visible to other schools during transfers.
- College admissions. Many college applications ask about disciplinary history. While a single suspension may not be disqualifying, repeated suspensions or suspensions for serious conduct can raise concerns for admissions officers.
- Path to expulsion. Repeated suspensions can be used as evidence to support an expulsion recommendation. Addressing the first suspension aggressively can prevent escalation.
Common Mistakes Parents Make
| Mistake | Why It Hurts Your Case |
|---|---|
| Accepting the suspension without asking questions | You have the right to know exactly what policy your child allegedly violated and what evidence the school relied on. If you do not ask, the school may not provide this information voluntarily. |
| Not documenting what happened | Write down your child’s version of events immediately. Collect any text messages, videos, or witness statements that support your child’s account. Evidence fades quickly. |
| Letting your child give a statement without preparation | Anything your child says to the administration can be used to justify the suspension or a future expulsion. Make sure your child understands their right to explain their side at the informal hearing, but also understands the importance of being careful about what they say. |
| Not requesting schoolwork | The school is required to provide your child with classwork and exams. If they do not, document the failure and contact the school in writing. This is especially important for students with disabilities. |
| Ignoring the disability connection | If your child has a disability (diagnosed or suspected) and the behavior may be related, bring this to the school’s attention immediately. The school may have obligations under IDEA or Section 504 that it is not meeting. |
| Not tracking cumulative suspensions | If your child is approaching 10 suspensions or 50 total days, the next suspension triggers the right to a formal hearing. For students with disabilities, 10 cumulative days triggers a manifestation determination. Keep your own count. |
When Should You Hire a Suspension Lawyer?
Not every suspension requires an attorney. But you should consider legal representation if:
- Your child is facing an out-of-school suspension and you believe the statutory requirements were not met
- Your child has been suspended multiple times and is at risk of expulsion
- The suspension appears disproportionate to the conduct
- Your child has a disability and the school is not following IDEA or Section 504 procedures
- You believe the suspension is discriminatory based on race, disability, gender, or another protected characteristic
- The school is not providing classwork or educational services during the suspension
- The suspension could lead to expulsion proceedings
- Your child’s suspension could impact college admissions or other future opportunities
Why Choose Maya Murphy, P.C.?
The Connecticut Education Lawyers at Maya Murphy, P.C. defend students facing suspension throughout Connecticut and New York. We challenge unfair suspensions, ensure the school follows proper procedures, and protect your child’s right to remain in school and continue their education.
Suspensions can escalate quickly. What starts as a single removal can lead to repeated suspensions, out-of-school exclusion, and eventually expulsion proceedings. Addressing the problem early – and making sure the school respects your child’s rights from the start – is the most effective way to protect your child’s educational future.
- Recognized by Best Lawyers for Education Law
- 30+ years of experience representing families in Connecticut and New York
- Evening and weekend appointments available
- Spanish-speaking services available
Contact us at (203) 221-3100 or Ask@MayaLaw.com to schedule a confidential consultation.
