Yes. Schools are given power by the New York State's Education Law to suspend a student who is determined to be insubordinate, disorderly, violent, disruptive, or whose conduct otherwise endangers the safety, morals, health, or welfare of others. Such suspension can range from one (1) day to more than a year. Every student is provided [...]

Generally, a principal's suspension is a one (1) to a five (5) day suspension issued by the principal to a student. Once a principal has decided to suspend a student, they must provide a written notice to the student's parent within twenty-four (24) hours of the suspension. This notice must contain the date and specific [...]

Once the superintendent has rendered a suspension against the student, a written notice of the suspension must be sent to the student's parent. Such notice should include: The charges against the student. A statement of rights for the student and the student's parents, including the right to a legal representation. Schedule of the hearing to [...]

Generally, there are two phases to a superintendent's suspension hearing: the fact-finding stage and the decision stage. n the fact-finding stage, the violation and the specifics of the punishment are established. During this stage, the school and the student, or their parent, advocate, or lawyer present their case. In the decision stage, the Hearing Officer [...]

Yes, a parent or student can file a written appeal to the Board of Education within 30 days of the date of the Hearing Officer’s decision. If the Board of Education upholds the Hearing Officer’s decision, the decision may be appealed to the New York State Commissioner of Education within 30 days of the Board’s [...]

Yes. A student may be disciplined for off-campus conduct that endangers the health or safety of students or staff, creates a risk of substantial disruption to school operations or will otherwise adversely affect the educational process. Actions that have occurred off school grounds which resulted in school discipline include a criminal arrest, off campus fight, [...]

Yes. A student can be suspended from participating in extracurricular activities or athletic privileges as long as it is fair and the school has provided an opportunity to discuss the conduct that led to the suspension with the student and the student's parents.

Yes. However, there are numerous protections that a student with a disability is afforded during the disciplinary process. According to the Individuals with Disabilities Education Act (IDEA), a suspension of a student identified as having a disability or that the school district has reason to believe may have a disability for more than ten (10) [...]

A manifestation determination is an extra step in the disciplinary process relating to students with disabilities. This determination addresses whether the conduct in question was caused by or had a direct and substantial relationship to the child's disability. A manifestation determination is made based on a thorough review of all relevant information in the student's [...]

Yes. In some instances, an agreement can be reached with the school regarding the appropriate discipline that should be imposed against your child. In those instances, a written agreement is often signed by the school, parents and child that agree to certain terms such as a specific suspension period, an agreement to attend counseling, and/or [...]