New York
School Disciplinary Hearing Defense
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New York School Disciplinary Hearing Defense Attorney

There are specific steps that school suspensions and disciplinary actions must take in New York public schools based on the state’s education law. If you are facing a long-term suspension or you have a child facing disciplinary action, you have the right to an advocate. Finding the proper advocate can make a significant difference in the outcome of the hearing. It’s important to find a skilled New York school disciplinary hearing defense lawyer who can guide you through the process.

Suspensions can have significant effects on a student’s life, and it’s important to do what is possible to avoid that action. Depending on the severity of the inappropriate behavior or offense, students may face days to weeks of suspension. They might even be expelled in extreme cases. Legal support can help you understand how the state’s laws apply to your school, the disciplinary procedures involved, and your own rights.

The Support You Need in New York School Suspension Hearings

Suspension hearings occur when the suspension is for more than one school week. There are many forms of misconduct that could result in an extreme long-term suspension action, and an experienced attorney understands how to navigate many common accusations and issues. Students may have broken specific school regulations, been violent or disruptive, or endangered the safety of their classmates. In extreme cases, a school may move for expulsion.

At the Law Offices of Robert Tsigler, PLLC, we can help you through a school disciplinary hearing. Our team can assist you in preparing and defending your side of things as well as appealing unfair decisions. We have worked to represent the rights of our clients for many years, and we can use our experience to look into your case and create a defense. Our firm can ensure that the school is following the right procedures as we do what is possible to limit the effect that a suspension has on your record, extracurriculars, and reputation.

Understanding New York Disciplinary Suspension

There are two types of school suspensions in New York: short-term and long-term suspensions. A short-term suspension, or a principal’s suspension, cannot last more than five school days. This punishment is not part of the student’s record, and there is little that students or parents can do to prevent this short-term suspension.

Long-term suspensions, or superintendent’s suspensions, last for at least six school days. They can last longer, for several weeks, months, and up to an entire school year. These suspensions can only be given out by a school’s superintendent or a person whom they designate. For long-term suspensions and other, more serious disciplinary actions, like expulsion, a student and their guardian have the right to request a fair hearing.

Long-term suspension is usually reserved for more serious charges and misconduct. Expelling a student is the most drastic form of disciplinary action, and this measure should only be used when a student poses a danger to students and others.

Suspensions may occur for many reasons, such as:

Written Notice of Suspension

Whether it is a short-term or long-term suspension, there is a required notice of suspension. This notice must be a written notice in the parent or guardian’s primary language. It must also be delivered by express mail, hand delivery, or another method that provides written notice within 24 hours. The notice must have the following:

It must clearly describe the alleged misconduct and when it happened. This must have enough information to understand what occurred in the incident. If the suspension is long-term, there must be enough information to prepare a defense.
It must include the right of a student and/or their guardian to request an informal meeting with the principal, along with the right to question the individual who made the accusation. An informal meeting must be requested, as it is not mandatory. If the suspension is long-term, the notice needs to include a statement of the student and guardian’s right to a fair hearing, and it must suggest a date for that hearing.

Superintendent Suspension Hearings

Long-term or superintendent suspensions include the right to a fair hearing. At this hearing, the school must show proof of the misconduct that the student is being charged with. The student has the right to representation from counsel. They also have the right to show evidence, present witnesses, and question witnesses. The hearing is overseen by a hearing officer, who may be the superintendent or an individual of their choice.

The school and the student will present their evidence, information, and witnesses to show and contest the allegations being made against the student. Based on this information, the hearing officer will determine the appropriate disciplinary action, such as how long the suspension should last or whether a suspension should occur. The advocacy of an effective attorney can be very beneficial in suggesting an appropriate level of discipline.

If the hearing officer determines after the hearing that the misconduct did occur, outside information can be used in their judgment, such as academic records and past incidents. The hearing officer’s determination of appropriate action is sent to the superintendent, who can accept or reject it.

What Can an Attorney Do in a Disciplinary Hearing?

An attorney can provide you or your child with the greatest chance of avoiding a suspension. For schools that are subject to the state’s Education Law, an attorney can accompany and represent a student in the fair hearing. This can ease significant stress about the situation. The hearing is an official due process, which can be very overwhelming. An attorney has navigated these before, however, and this can help families feel more confident in the process.

Even prior to the hearing, an attorney can provide aid. They can help students and guardians understand their rights. An attorney can look into the accusations, prepare students for the types of questions they may be asked, and plan for bringing forward or questioning witnesses.

Attorneys have significant resources and knowledge. This is particularly important when a school works with its own legal counsel and has its own extensive resources that are far beyond the abilities of a single student. An attorney is incredibly beneficial in these cases.

Sometimes, disciplinary actions are taken based on false accusations or overexaggerated information. Even when the act of misconduct occurred, a disciplinary action should fit the severity of the misconduct. An attorney can help students protect their current and future interests by working to mitigate the penalties they face.

FAQs

Can You Get Expelled From Public School in New York State?

Yes, you can get expelled from public school in New York State. However, this is a disciplinary action that is only meant to be used in extreme cases. Suspension is a more common disciplinary action in response to misconduct. If a student is permanently expelled, the school district must have alternative options or settings for school programs or services. If your child is facing expulsion, you may want legal counsel to determine what can be done to avoid this.

How Long Is a Superintendent Suspension in New York City?

A superintendent suspension in New York City is six school days or longer, and it may last as long as an entire school term. Superintendent, or long-term, suspensions can only be assigned by a school district’s superintendent or their designee. The student receiving the long-term suspension and their guardian must receive a notice of suspension in the guardian’s primary language. The student and their guardian have the right to a fair hearing, and the notice must provide enough information that can lead to the creation of a defense.

Can a Student Bring a Lawyer to a Suspension Hearing?

A student may bring a lawyer to a suspension hearing for a long-term suspension in New York. A student has the right to representation, to present and question witnesses, and to present evidence.

Typically, an attorney or other advocate can help the student prepare prior to the hearing, including guiding them through likely questions, reviewing relevant information, and representing the student as their counsel during the hearing. This helps students protect their rights and more clearly present their side of the story to the hearing officer.

What Is Disciplinary Action in School?

Disciplinary action in school is any action by a school board to respond to and/or punish inappropriate actions and behaviors. This includes detention, referral to the principal’s office, short-term and long-term suspension, and expulsion. Disciplinary action should not be discriminatory, and it should be measured and appropriate to the severity of the inappropriate action or behavior.

Find a New York School Disciplinary Hearing Attorney Today

A disciplinary action can have significant consequences on much of a student’s life. When the action is serious enough to have the right to a hearing, you need to take advantage of that right. At the Law Offices of Robert Tsigler, PLLC, we can defend you. Our team can look into the accusations against you, listen to your side of things, and determine how to mitigate or prevent a suspension.

We understand the significance of disciplinary actions to your future and your opportunities in life. Our firm can help you protect your rights, advocate for alternate solutions to disciplinary action, and fight to defend your interests. Contact the Law Offices of Robert Tsigler, PLLC, today.

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