NY AG: Buffalo Public Schools must reform disciplinary practices to ensure families are treated fairly

BUFFALO, N.Y. (WKBW) — New York Attorney General Letitia James announced a settlement with Buffalo Public Schools to:

• Strengthen student safety
• Protect students’ rights
• Overhaul disciplinary practices to improve educational outcomes

According to the AG, the settlement follows an investigation by the Office of the Attorney General that found that the district’s discipline system disproportionately impacted students of color, students with disabilities, English language learners, and families with limited English proficiency.

The AG said the investigation found "significant disparities" in how students were disciplined. According to the findings, Black and Latino students were suspended at "significantly" higher rates than white students, especially for minor misconduct, including tardiness and other low-level infractions.

"The district routinely issued maximum suspensions for first-time or minor offenses and imposed suspensions for conduct that cannot legally result in suspension," the AG said in a release. "In some cases, Black students were more than six times more likely, and Latino students nearly four times more likely to receive out-of-school suspensions than their white counterparts."

The investigation also found that students with disabilities faced higher suspension rates and lost more instructional time than those without disabilities.

In addition, the AG said the investigation identified systemic concerns affecting students’ and families’ rights, including:

• Unclear and inconsistent discipline rules
• Limited or ineffective alternative education options
• Inadequate suspension notices
• Disciplinary hearings that were unjust or severely limited
• Insufficient language access for non-English speaking families

According to the AG, multiple families reported facing retaliation for speaking out about the disciplinary system, including referrals to Child Protective Services or threats involving public services.

BPS must now work with AG for four years to:

• Reform its disciplinary policies and practices
• Update its public discipline reporting
• Ensure families are treated fairly and in their preferred language

The AG included an overview of reforms in a release, which you can find below.

• Independent Monitoring and Oversight
  To ensure lasting compliance and accountability, BPS must appoint an independent monitor with expertise in school discipline and restorative practices. The monitor will oversee implementation of the agreement for at least four full school years, review district data and records, and issue regular reports evaluating the district’s progress.

  The district must also establish a Discipline Ombudsperson to serve as a point of contact for students, families, and staff to help ensure discipline policies are applied fairly and consistently. In addition, every school in the district will appoint a Student Behavior Coordinator, who will work closely with the Ombudsperson to ensure schoollevel compliance with the settlement and civil rights laws.
  

• Code of Conduct and Discipline Reform
  BPS must revise its Code of Conduct to remove vague terms, clarify behavioral definitions, and establish a more just disciplinary framework that prioritizes prevention, intervention, and restorative responses in lieu of out-of-school suspensions. The district will limit the use of suspensions through third grade and revise policies related to law enforcement. The district will also update its preventative strategies to emphasize ageappropriate interventions and positive behavioral supports. In most circumstances, staff must attempt less severe interventions and restorative practices before resorting to discipline.

  The agreement also strengthens the use of Student Support Teams and related schoolbased interventions to ensure students who experience repeated disciplinary referrals are connected to appropriate services and supports.
  

• Due Process and Alternative Education
  BPS must provide standardized, detailed, and timely notices for all suspensions, including meaningful explanations of the alleged conduct. The district will immediately stop its practice of sending students home early in lieu of a formal suspension.

  All students facing a long-term suspension must be given the opportunity to present their case at an impartial disciplinary hearing. The complainant, such as the staff member who initiated the disciplinary referral, must participate in live disciplinary hearings so that students can question witnesses and challenge the evidence presented against them. The district will also improve their process for short-term suspensions and track their use more consistently.

  BPS will maintain alternative education programs consistent with New York law and take steps to ensure students removed from the classroom receive meaningful instruction, including appropriate staffing and supports for students with disabilities who are suspended.
  

• Language Access
  Within 60 days, the district will implement procedures to identify families who need language assistance. BPS must translate essential documents into the district’s most commonly spoken languages and ensure timely access to qualified interpreters for meetings, discipline proceedings, and other critical communications. The district must stop relying on students, family members, or automated and error-prone translation tools for essential information, except in limited emergency circumstances.
  
• Public Reporting
  BPS will enhance its public discipline data dashboard to improve clarity and accuracy. The updated dashboard will include clearer definitions, more accurate calculations of discipline rates, an appropriate data lag period to ensure reliability, and will be updated when suspensions are modified or overturned.
  
• Training and Professional Development
  The district will implement comprehensive training for staff responsible for student discipline, covering legal requirements, restorative practices, trauma-informed education, de-escalation strategies, bias awareness, and behavioral supports for students with disabilities.
  
• Student and Family Engagement
  BPS will host forums for students, families, and staff to provide input on discipline policies and their fair implementation. The district will also use school climate surveys and other engagement tools to gather ongoing feedback and strengthen trust between schools and communities.