Buffalo, N.Y. (WBEN) - The Buffalo School Board reaches an agreement with the New York State Attorney General's Office on Thursday to reform disciplinary practices in the district.
Attorney General Letitia James says the agreement aims to strengthen student safety, protect students’ rights, and overhaul disciplinary practices to improve educational outcomes.
"Every child deserves to feel safe and supported at school, and every family deserves to be heard and treated fairly,” said James in a statement on Thursday. "For too long, too many Buffalo students were denied that right. Today, we are taking a major step to bring accountability and justice to Buffalo Public Schools’ disciplinary system. My office will continue working to ensure all New York students have an equal opportunity to learn and thrive."
James says her office's extensive findings revealed significant disparities in how student discipline was imposed at public schools in Buffalo. Black and Latino students were suspended at significantly higher rates than White students, especially for minor misconduct, such as 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. 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.
She adds students with disabilities also faced substantially higher suspension rates and lost far more instructional time than their peers without disabilities. In many cases, students with disabilities were sent home early without documentation - an illegal, informal suspension that would limit the child’s ability to access necessary due process protections.
James says her office also 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, and insufficient language access for non-English speaking families.
Multiple families reported facing retaliation for speaking out about Buffalo Public School’s disciplinary system, including referrals to Child Protective Services or threats involving public services.
The agreement requires Buffalo Schools to 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 school-level compliance with the settlement and civil rights laws.
James says the Buffalo Public School District 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 age-appropriate interventions and positive behavioral supports. In most circumstances, staff must attempt less severe interventions and restorative practices before resorting to discipline.
James adds the agreement also strengthens the use of Student Support Teams and related school-based interventions to ensure students who experience repeated disciplinary referrals are connected to appropriate services and supports.
Buffalo Public Schools 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 its process for short-term suspensions and track their use more consistently.
Buffalo Public Schools 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.
The district serves approximately 27,000 students, nearly 90% of whom are economically disadvantaged. Black and Latino students make up a significant portion of the district’s enrollment, along with thousands of students with disabilities and English language learners.