It can be stressful if your child is facing disciplinary action, especially if that action is serious enough to constitute long-term suspension or even expulsion. You, like many parents, may wonder what to do if your child is expelled from school in New York. It’s important to understand your rights as a guardian as well as your child’s rights in this situation.
Public schools in New York must follow certain steps to expel or long-term suspend a student. You and your child have the right to the due process of those steps. An attorney who is skilled in disciplinary hearings and expulsion appeals can help you navigate the process and protect your child’s future.
Due Process and Requirements for Expulsion
Several requirements must be met before a student can be expelled. If these requirements aren’t met, the expulsion could be challenged.
Any time a student in a public school receives a suspension longer than five days, they have the right to a fair hearing, at which the school must prove that the misconduct occurred. If a student is facing long-term suspension or expulsion, they have a right to this hearing. This hearing will determine the existence of the alleged misconduct and the fairness of the disciplinary action in response to that misconduct.
It’s important to work with an advocate before this hearing to secure the ideal outcome when possible.
The punishment must also be reasonable in response to the alleged misconduct, which is outlined in the city’s discipline code for schools. This discipline code can help parents and students understand what may be considered an action that could reasonably result in an expulsion. This may include actions such as:
- -Inflicting injury or using serious force against a staff member
- -Physical, sexual aggressive actions or sexual assault
- -Possession of a firearm or other Category I weapon on school grounds
- –Selling or distributing controlled substances on school grounds
- -Threatening others or inflicting injury with a weapon
Often, these actions mean that a student may face criminal charges as well. If this is the case, it is especially important to work with a legal advocate. They can help you understand the right steps to take, protect your rights in a criminal case, and determine whether to adjourn the hearing until the criminal case is resolved.
The discipline code also states the requirements that a student must meet before they can be expelled. In the city, this means that a student must have turned 17 before the beginning of the school year, and they can only be expelled by certain authorities.
What Can I Do If My Child Is Expelled After a Fair Hearing?
If the fair hearing concludes with the hearing officer and/or superintendent resolving to expel your child, there are still options. One option is an appeal, which must be done soon after the expulsion decision is reached. In New York City public schools, the appeal must be made within 20 days of the expulsion decision or within 10 days of receiving the transcript or recording from the hearing, whichever date comes later.
An appeal is an option to request relief or ask to set aside the decision by the superintendent or other authority on long-term suspension or expulsion. The appeal cannot bring forward new information. Instead, it appeals the decision based on unfair or incorrect actions taken during the hearing or in the final decision.
If the expulsion or suspension was not appropriate based on the information provided in the hearing, this may be grounds for an appeal. If expulsion is too extreme for the alleged misconduct, or the hearing didn’t follow due process, this may result in an appeal. It is important to discuss the possibility of an appeal with an attorney to determine if you and your child have the grounds to do so.
FAQs
What Is Education Law 915 in New York?
Education Law 915 in New York prohibits the sale of specific sweetened foods on school grounds in public schools. These include:
- -Sweetened soda water
- -Chewing gum
- -Hard candy
- -Jellies
- -Gums
- -Marshmallow candies
- -Spun candy
- -Licorice
- -Fondant
- -Candy-coated popcorn
- -Water ices except fruit-based water ices
These foods cannot be sold on school grounds from the beginning of school until the end of the last meal period.
Can You Sue a School in New York?
You may be able to sue a school in New York on certain grounds. These may include:
- Discrimination: Schools are not allowed to treat students differently based on protected characteristics, and doing so could result in a discrimination claim.
- Personal Injury: Schools have a duty of care to protect the safety and well-being of students while they are at school. If the negligence of the school leads to the injury of a student, the student and their guardian may have the grounds to file a personal injury claim.
Because public schools are governmental entities, they have unique protections against civil claims. This can make it harder to file against them, and it’s important to have an attorney’s support when doing so.
How Many Days of School Can You Legally Miss in New York?
The number of days of school you can miss in New York depends on the local jurisdiction requirements or the requirements of the school. New York City law requires full-time attendance, as students with under 90% attendance are likely to not advance to the next grade or graduate due to low grades. This equates to about 20 school days or one month of an entire school year, which is the approximate maximum of many public and private schools.
How Do You Fight Out-of-School Suspension?
You could fight out-of-school suspension in New York by requesting a conference before a suspension occurs once you receive a notice. A conference is for short-term suspension, or a suspension for five school days or less. A student and guardian can meet with the principal to discuss the suspension.
For long-term suspension, students and their guardians have the right to a fair hearing. They also have the right to representation and advocacy before and during that hearing. A fair hearing determines whether a suspension will occur and for how long.
Determining Your Options After an Expulsion
When you receive notice of your child’s pending hearing for suspension or expulsion, it’s crucial to find a skilled legal advocate. If you did not take advantage of your right to legal counsel during the fair hearing, it’s important to do so to determine your options for an appeal. Contact the Law Offices of Robert Tsigler, PLLC, today to learn how we can help you determine your options after an expulsion.
