Appeal unanimously dismissed, without costs, in accordance with the following memorandum: This is an appeal from a nonfinal order of Special Term, Erie County, in an article 78 proceeding, which directed a hearing pursuant to section 3214 Educ. of the Education Law and denied petitioners' demand for the immediate reinstatement of their son, Phillip. The respondent school board clearly lacks authority to keep Phillip out of school for more than five days on the mere initiative of a school principal (Education Law, § 3214, subd 3, par b). The record, however, shows that a hearing was held in this matter pursuant to an order of Special Term but there is no indication that such hearing resulted in any final determination. Under these circumstances, we think it appropriate that petitioners be granted an opportunity to appear at another hearing which shall be held within two weeks. We also think it appropriate that petitioners be given notice of the specific matters to be heard, and respondents are directed to comply with the provisions of subdivisions 2 and 5 of section 3208 Educ. of the Education Law and 8 NYCRR 101.1 (b) and 101.4 (a) (3), if Phillip's mental condition is to be relied upon as a ground for his suspension from school.