If your child is a student enrolled in NYC public schools, you should know what to do if your child is expelled or suspended from school due to discrimination in NYC. Zero-tolerance policies in New York City schools have led to high numbers of suspensions and expulsions.
Suspensions can last anywhere from a day or two to upward of one year. Expulsions are often reserved for extreme cases when a school administrator deems a student a threat to others.
Although suspensions are fairly common, they can violate the rights of students and lead to emotional harm. Parents with students in NYC public schools should know what to do if their child is suspended or expelled due to discriminatory reasons in NYC.
Suspensions vs. Expulsions in New York City Public Schools
Under New York City’s public school discipline code, suspensions can come from a principal or superintendent. A principal suspension can last one to five days, while a superintendent suspension may last much longer. Both forms of suspension must be based on violations of the school’s discipline code.
Expulsion is often the result of gross misconduct on the part of the student. Possible grounds for expulsion from school could include:
- -Possession of weapons
- -Physical assault
- -Serious drug offenses
- -Chronic disruption of the learning environment
- -Criminal activity
- -Threats
Expulsion is considered a last resort and is usually reserved for cases where the student’s presence poses a significant risk to the safety and well-being of others within the school community.
The decision to expel a student is typically made after careful consideration of the circumstances and in accordance with due process rights as outlined in state and local education laws.
Although suspensions and expulsions are sometimes needed to protect a school’s learning environment and the safety of students and teachers, there are many times when those disciplinary acts are committed due to discrimination. When a student’s rights are violated, the parent can work with an attorney to find legal remedies to solve the unlawful suspension.
Legal Protections for Students in New York City
Students in New York City’s public schools have many rights under state and federal law. Any expulsion or suspension that violates any of these laws could provide grounds for legal action against the school or school district.
Education Law § 3214 is a section of New York State law that governs student discipline in public schools. It outlines procedures for suspensions, distinguishing between short-term and long-term suspensions based on the severity of the misconduct.
The law ensures that students and parents receive due process rights, such as being sent a notice of the charges and having the opportunity to respond or be granted a hearing.
Federal Legal Protections
Title VI of the Civil Rights Act of 1964 also affords many protections for New York City students. This federal law prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance. These include public schools and universities.
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs or activities that receive federal financial assistance. It covers issues such as sexual harassment and gender-based discrimination, which could occur in public schools.
The Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 prohibit discrimination against individuals and students with disabilities. Schools are required to provide reasonable accommodations to ensure that students with disabilities have equal access to educational opportunities.
If your child’s rights were violated, you can seek legal representation from a law firm that has a strong record of protecting the rights of students in New York City.
FAQs
Q: How Do You Fight Out-of-School Suspensions?
A: You can fight suspensions by directly appealing the decision through the public school system. Students, parents, or their representatives can file appeals for suspensions, following specific procedures and timelines. Appeals must be submitted in writing, detailing the reasons for the appeal and stating the desired outcomes.
The process may not be successful if you do not have legal representation. An attorney who has represented families in discrimination cases can understand which laws to cite and the proper language to use when fighting a suspension.
Q: What Should I Do If My Child Is Suspended From School?
A: Not all suspensions constitute violations of a student’s rights under state and federal law. If you believe that your child was suspended or expelled due to discrimination, the first thing you should do is consult a reputable law firm.
Look for an attorney who has successfully held public learning institutions accountable for violations of anti-discrimination laws. An attorney can review your case to see if you qualify for legal action.
Q: What Is Section 3214 of New York’s Education Law?
A: All New York schools must follow Education Law § 3214, which governs student suspensions in New York public schools, defines grounds for suspension, and outlines procedures for short-term and long-term suspensions.
This ensures due process rights for students and parents and addresses appeals and record-keeping. The law aims to balance school safety with student rights during disciplinary actions.
Q: How Do I File a Complaint Against a School Principal?
A: You can file a complaint against a New York City school principal through the state’s Department of Education (DOE). The DOE welcomes complaints and feedback from all public school teachers, principals, and staff. If you choose to, you may remain anonymous when you make your complaint.
However, if you choose to remain anonymous, the DOE cannot reach you to follow up on your complaint, but the department maintains that it will address the issues brought to the DOE’s attention.
Schedule Your Child Expulsion Consultation Today
As the parent of a New York City student, you want what is right for your child. Learning that your son or daughter was expelled or suspended due to discrimination can feel like an act of betrayal. You may have real concerns about your child’s future after they are unfairly pushed out of school.
That’s where the Law Offices of Robert Tsigler, PLLC, comes in. We have fought student discrimination in all five boroughs for many years. We understand the laws that protect your child from discrimination. If your child’s educational opportunities are in jeopardy, you must act quickly. Schedule a consultation today.
