Willful defiance refers to a student’s defiant or disruptive behavior that interferes with the school environment, the staff’s ability to do their job, or other students’ ability to learn. In some extreme cases, a student can face serious disciplinary action. You may be wondering what to do if your child is expelled or suspended from school for willful defiance in NYC. There is more than one answer to that question but ultimately, you should advocate for your child.
A NYC lawyer who is familiar with school disciplinary actions can help you defend your child, whether your child is facing a hearing or you want to appeal a hearing decision. Don’t hesitate to provide your child with representation to protect their rights and future.
Rights and Requirements for Suspension and Expulsion
In New York City, a student can face short-term suspension, long-term suspension, or expulsion for different offenses, and these disciplinary actions can potentially affect the student’s school record. There are specific requirements and procedures for the suspension and expulsion processes, allowing students certain rights, including the right to due process. One important requirement is that students facing expulsion must be in general education and have turned a certain age before the school year begins.
When facing short-term suspension, otherwise known as a principal’s suspension, students are entitled to a written notice of the allegations against them. If the student denies the allegations, they must then be provided with an explanation of the reasoning behind the suspension. In most cases, the student and their parents have a right to request an informal conference to explain the student’s side of the situation or ask questions before they are suspended.
Students facing long-term suspension, also called a superintendent’s suspension or expulsion, have the right to a fair disciplinary hearing. At this hearing, the student has the right to:
- -Have legal representation or an advocate present.
- -Question witnesses.
- -Present their own witness.
- -Present other evidence in their defense.
The decision to suspend or expel your child at this hearing must be a reasonable punishment for the offense.
When a decision is made to suspend or expel your child, you can appeal to the proper authority. If you feel that it was not the right decision, the punishment was too severe, or your child was not given proper due process, you have the right to appeal. In willful defiance cases, long-term suspension or expulsion is usually seen as an unreasonable response. However, in cases of repeated or severe acts, such a punishment may be warranted.
What to Do After Your Child Is Suspended or Expelled for Willful Defiance
After your child is suspended or expelled for willful defiance, it is important to be proactive in addressing the incident and the school’s decision. You should also collaborate with the school to ensure your child’s well-being. Here are some steps you can take:
- –Review the Suspension or Expulsion Notice: Carefully review the suspension or expulsion notice that was given by the school. It should include the reason for the particular disciplinary action and the suspension duration.
- –Meet With the Administration: Contact the school administration to discuss the incident in question and get a better understanding of the school’s perspective. You may be able to schedule a meeting to learn about the details of the incident and advocate on behalf of your child.
- –Explore Alternative Options: During the meeting with the administration, it would be a good idea to explore alternatives that are not as serious as suspension or expulsion, such as some form of behavioral intervention.
- –Ensure Your Child’s Academic Progress: When your child is suspended, they have a right to alternative instruction during their suspension to help them keep up in school. You can work with the school to make sure your child doesn’t fall behind.
- –Consider Hiring Legal Help: If you believe that the suspension or expulsion is unfair or that your child’s rights were violated during the disciplinary hearing or in some other way, consult an education lawyer.
FAQs
Q. How Do You Fight an Out-of-School Suspension?
A. To fight an out-of-school suspension, it is crucial to speak with the school regarding the incident as soon as you receive notice. You can gather evidence to either mitigate the circumstances surrounding the incident or show why suspension is not the right decision for your child. Then, you can present it at a hearing. You can also appeal a decision that was made to suspend your child with the help of a legal advocate.
Q. Can You Suspend a Student for Willful Defiance?
A. You can suspend a student for willful defiance in New York City, although it is not generally encouraged as the first course of action, especially when there are less severe methods of correction that can be attempted. However, exceptions can be made, depending on the severity of the situation and if the other corrective measures were unsuccessful.
Q. What Should You Do When Your Kid Gets Suspended From School?
A. When your kid gets suspended from school, you must immediately address the situation. You should go over the suspension notice to make sure you understand the reasons for the suspension and the length of the suspension. Then, you should discuss the suspension with your child and the school. You also need to review the school’s disciplinary policy, so you know your child’s rights and the responsibilities of the school. In serious cases, it may be worthwhile to contact a lawyer for a hearing.
Q. What Is 3214 of New York Education Law?
A. Section 3214 of New York Education Law pertains to student suspensions in New York schools. This law details the circumstances under which a student may face suspension as well as the requirements and procedures for schools regarding student disciplinary actions. The law aims to protect students’ rights to due process and make sure they are given fair treatment.
Consider Hiring a Skilled New York City Attorney
If your child has been subject to serious disciplinary action for willful defiance, such as long-term suspension or expulsion, it would be beneficial to hire a lawyer for the hearing or appeal process. Contact the Law Offices of Robert Tsigler, PLLC, to speak with one of our legal representatives and learn how we can advocate for your child.
