High School Superintendent’s Suspension Guide
Your child has been suspended from school, so you have to make some
difficult decisions. Depending on
how serious the charges are and what grade your child is attending, your child
could face up to a yearlong suspension with placement at an alternative
instruction site or expulsion (only for 17 year olds and older). Before the
Board of Education will even consider allowing your child to return to school,
you must either have a hearing if you disagree with the charges, or give up
your right to a hearing.
The first thing you must do is to make sure that this is a
Superintendent's level suspension. Call the school and ask. Your child may only have been suspended by
the school principal, in which case s/he may return to school in 5 days or
less. However, if the Superintendent
has suspended your child, you are expected to appear at a Board of Education
hearing. This hearing has nothing to do
with any court proceedings that may result from the incident.
You have a right to bring an attorney or advocate to the suspension
hearing if you wish. However, it is not
always possible to find an attorney or advocate who can represent your child. But you, as a parent, can be an effective
advocate for your child if you know the rules and regulations governing
suspensions and the procedures for suspension hearings.
We have written this manual to help you represent your child at a Board
of Education suspension hearing.
Hearings can be complicated because there are many different laws and
rules that apply. In this guide, we
have tried to explain your and your child's rights and to help you understand
the steps you should take in representing your child. Remember: this guide only applies to regular education high
school students.
Wherever we have explained a rule, we have put next to the explanation
the official number of the rule we are referring to. This is so that you will not only know your rights, but you will
also know where your rights come from and you can refer to the rule
yourself. All the rules are from
"Chancellor's Regulations A-443" and are labeled with a page
number. So, for example, when you see
information followed by CR A-443, p.16, you can say "I know my child has
this right because it is stated in the Chancellor's Regulations A-443 on page
16."
The only other source we refer to is a United States (US) Supreme Court
decision about searching students in school.
This case is called New Jersey v. T.L.O.
Unfortunately, schools don't always know or follow every rule
carefully. After you read this manual,
you may know more about your child's rights than some people at the Board of
Education. That is the key to effective
advocacy -- knowing your rights and insisting on them. Read the parts of this manual that are
relevant to your case carefully and try, as best you can, to advocate for your
child.
We hope you will find this manual helpful. Please call us if you have questions or suggestions for making it
better.
Reasons that a Student can be Suspended
A student may be suspended from school when a principal believes that
the student is so disruptive that s/he prevents the "orderly operation of
classes or other school activities" or poses a "clear and present
danger of physical injury" to her/himself or others (CR A-443, p.
24). A suspension should not be used as
a punishment. Suspensions should only
be used to relieve an emergency situation, not to punish your child for being
"badly behaved in general."
Therefore, the charges against your child must be specific. They must include a time, a date, a place,
and a brief but exact description of the incident. (CR A-44, p. 37)
A principal must seek the authorization of the superintendent prior to
suspending a pupil. Before authorizing
the suspension, the superintendent must be assured that the school followed
proper investigation procedures (see page 13).
You are Entitled to a Suspension Hearing
Your are entitled to a hearing within 5 school days of your child's suspension. The superintendent suspension hearings are
held at the High School Suspension office at 22 East 28th Street in Manhattan.
The hearing is your opportunity to go over the facts surrounding the incident. Some people go to their hearing with a lawyer
or advocate, but most people do not. If
you intend to bring an attorney or advocate with you, you must notify the
hearing office 24 hours before the hearing. (If you don't provide 24 hours notice, it is possible that the
hearing will be postponed and rescheduled and your child will remain out of
school until the new hearing date.) If
you choose to have the hearing without representation, read the following
information carefully.
What Happens to Your Child
Before the Hearing
Your child should not miss any schoolwork while waiting for the hearing
to be held, or while waiting for the decision after the hearing. S/he should be given all homework
assignments while s/he is out of school on suspension, as well as the
opportunity to take or make up any exams
(CR A-443, p. 40). Your
child will be assigned to an alternative site to attend school during the time
of his/her suspension. If s/he fails to
attend, s/he will be marked as absent.
Class-work must be made available from your child’s regular school at
the alternative site. If it’s not, call
the school and request work yourself so you’re child doesn’t fall behind.
In order to prepare for the hearing date you should ask for a copy of
your child's records (also known as the "suspension packet"). Those records should include two things: (1)
everything to do with the suspension (witness statements, incident report, your
child's statement), and (2) your child's complete academic records (grades,
teacher comments, attendance records, etc.).
The school must give you a copy of this packet when you request it in
person at the school (CR A-443, p. 37).
They are not required to mail it to you or fax it to you. You will need to go pick it up at the
school. It’s often a good idea here to
call ahead; otherwise you may have to wait for a long time while someone at the
school finds the file and then makes you a copy of all in the file. You will need this packet in order to know
exactly what kind of evidence the school has against your child - this will
help you decide whether or not you want to have a hearing.
Your Option to "Plead no Contest" to the Charges
Although your child has a right to have a hearing, you may choose to
waive this right and instead “plead no contest” to the charges. Pleading no contest does not mean that your
child says s/he is guilty (a court could not interpret a plea of no contest as
an admission of guilt); instead, by pleading no contest you will be allowing
the Superintendent to make a decision about the suspension of your child
without a hearing. Also by pleading no
contest you are allowing the charges to go on your child’s record (in most
cases these charges will be sealed and removed from the child’s record before
graduation from high school.)
It is possible to plead no contest by phone or by requesting an “early
resolution conference.” You may also
plead no contest on the day of the hearing.
If pleading no contest, it is advisable to do so through an early
resolution conference (ERC) by calling the superintendent’s office. The ERC allows you to meet with the
superintendent’s guidance staff who will be making the decision about the
length of your child’s suspension. You
can use this as an opportunity to influence the superintendent’s decision. ERC’s can also be held before the hearing,
thus expediting your child’s return to school.
When you plead no contest, the Superintendent will make a decision
about your child's educational future within 2 school days. You can request that your child be
"reinstated" (allowed to return to the same school), or transferred
to a certain other school and you can ask that any records of the suspension be
sealed and expunged, but the Superintendent does not have to go along with your
request. Call the superintendent’s
office if you do not receive a mailgram decision within 2 school days.
The mailgram will contain the Superintendent's decision concerning your
child’s suspension. If the
Superintendent makes a decision that you are unhappy with, you have 3 days to
"withdraw the stipulation" and ask to have a hearing. The fact that you stipulated cannot be used
against you in the new hearing.
It is important to note that unless you agree to transfer your child
following a suspension hearing or a no contest plea, the superintendent may not
transfer your child. If the school
believes strongly that their school is the wrong place for your child the
regulations say they must bring an entirely separate proceeding. As in a suspension, if you disagree with
their request, you’ll have an opportunity to argue your case keep your child in
his/her current school. (Chancellor’s
Regulation A-450).
Deciding Whether to Have a Hearing or Plead no Contest
Before deciding whether to have a hearing or plead no contest, you
should get a copy of the suspension packet (discussed earlier) in order to read
the incident report and all the witness statements that the school took during
its investigation. This will give you a
good idea of what kind of evidence the school has and help you decide what is
the best way to proceed.
You may want to choose to have a hearing :
·
If you believe
that the charges are not true and think that the school will not be able to
prove the charges at the hearing. (The
school has the burden of proving the charge, but you may question witnesses and
present evidence to show that the charges are not true.)
·
If there were
mitigating circumstances surrounding the suspension which make the infraction
seem less severe or more understandable.
(For example, a child was charged with hitting, but he had repeatedly
been taunted by students and the school never intervened to stop the
taunting.) Mitigating circumstances
will rarely get the charges dismissed, but may help get a more favorable
decision for your child.
·
If there were
procedural violations that you want to put on record. As you read this guide you may find that your child’s school
violated his/her rights in carrying out the suspension; if you want the
superintendent to consider these procedural violations you must have a
hearing. In some cases, where there are
a number of serious violations it is possible to get the charges dismissed for
violations alone.
You may want to consider pleading
no contest:
·
If you feel the
school made a reasonable decision in suspending your child.
·
If you feel
that you do not have a good case to contest the charge (eg. You know that the
school has many witnesses and your child has no witnesses to uphold his/her
side) and there is a possibility that going to the hearing will portray a worse
picture. For example if a child is
charged with possession of a knife, but the witness statements also say that
the child tried to use the knife to hurt someone, it may be better to plead no
contest to possession and avoid a hearing that will also bring out information
about using the knife.
·
If you are not
concerned about the charge going in your child’s records and your primary
concern is to resolve the issue as soon as possible.
·
If your child
admitted that the charges were true either in writing or orally to the
school. A school can prove a charge
using your child’s admission alone.
Unless there are extreme procedural violations it is very difficult to
get a suspension dismissed when there is an admission.
Pre-Hearing Conference
On the day of the hearing, before the actual hearing starts, you will
be called into the hearing room to meet with the Hearing Officer without anyone
from the school present. The Hearing
Officer is a Board of Education employee, and is sometimes an attorney. S/he will hear the case and make a recommendation
to the Superintendent concerning your child's suspension. At the pre-hearing conference, s/he will not
discuss the details of the case with you, but will tell you your rights and
explain that you can either have a hearing or "stipulate" to the
charges (which is the same as pleading no contest—see previous page).
Sometimes, hearing officers hold "group" pre-hearing
conferences where other students and parents are present. If you or your child are uncomfortable with
this, you have the right to request an individual pre-hearing conference.
Postponing
or "Adjourning" the Hearing
Either you or the school may ask that the hearing be put off for a few
days. Your may wish to postpone in
order to get witnesses or a lawyer. The school might also need to adjourn.
If the school postpones the hearing for any
reason, your child must go back to school or
with your consent be sent to another school while waiting for the new
hearing. It is usually better for your
case if your child is back in the original school when the hearing takes place.
If you have to postpone the hearing, your child's suspension will be continued and s/he will stay out of school but should continue to receive alternate education at the outreach center until the new hearing occurs (unless you and the school agree that s/he may return).
If you fail to notify the hearing office 24 hours in advance that your
child will be represented by an advocate/attorney, the school may request a
postponement, and your child will stay out of school until the new hearing
occurs.
The Suspension Hearing
The suspension hearing is held in a small, private room. You, your child, and your witnesses sit on
one side of a long table. School
personnel and witnesses sit on the opposite side. The Hearing Officer is seated at one end of the same table. When witnesses are called, they are asked to
sit at the opposite end. On the table will be tape recording equipment,
including several microphones. Another
employee of the Hearing Office may be in the room to tape everything that is
said during the hearing.
The suspension hearing is like an informal court hearing. The school must prove that your child did
what they have charged. A
suspension hearing is different from a criminal trial. Where the standard in a criminal matter is
“proof beyond a reasonable doubt,” here there must only be “substantial and
competent evidence” to prove the charge.
It must bring people who have first-hand knowledge of the incident, such
as student witnesses, teachers, or security agents, to the hearing to
testify. If the school does not bring a
"complaining witness," (in other words, an eye-witness) you should
ask that the charges be dropped. It is
important to note that the complaining witness does not have to be the victim
of the act your child’s been charged with.
As long as the complaining witness was someone who saw or witnessed the
act that may be enough. If none of the
school's witnesses have direct first hand knowledge of the incident, the
charges should be dismissed.
The school may also give the Hearing Officer written documents, but
only those that it gave to you when you requested the suspension packet. A suspension cannot be upheld with written
witness statements alone; the charges can only be proved with the direct
testimony of a witness at the hearing or with the written admission
(confession) of your child (if your child admitted the charges).
You will have the opportunity to question all the school's witnesses.
Ask them anything you can think of that will help you better understand what
happened. For instance, if a witness
says s/he saw your child punch another student, ask how many people were at the
incident. Maybe s/he is not positive it was your child, or maybe there were so
many people that s/he could not see the incident clearly.
The Hearing Officer will also ask questions, but cannot act as a
representative for you or the school.
S/he should question witnesses impartially to gather the facts about the
incident.
Only the specific charges may be discussed. Any
information about any trouble your child may have had in the past has nothing
to do with the charges now, and should not be brought up since it will only
prejudice the Hearing Officer against your child.
After the school presents all its witnesses, you may have your own
witnesses testify and you may present any documents that will help your
case. Sometimes you will try to make
your case simply by questioning the school’s own witnesses. At other times you will want or need to
present your own witnesses to prove that the facts were different from those
presented by the school, or that the school’s witnesses didn’t tell the whole
story. After all the witnesses have
testified, each side can make a statement ("closing argument")
summarizing its most important points.
You should repeat all the reasons why you think the school has not
proven its case and the charges should be dismissed.
The Hearing Officer has the responsibility of listening to all the
testimony and deciding what actually happened on the day of the incident. S/he then makes a recommendation to the
Superintendent concerning what should happen to your child.
Making
your case
By questioning witnesses you are trying to make two types of
points. First, why you feel your child
is innocent, or why you think the school has
misinterpreted the facts they have before them. For instance, maybe your child is charged with assaulting someone
but, in fact, that other person started it or, in fact, nobody was even
hurt. Or maybe your child is charged
with threatening someone with a weapon, but in fact she was only waving her
nail file playfully. Or perhaps your
child simply was not involved in the incident and this is a case of
"mistaken identity."
Second, often you will want to show the school has made mistakes in
their investigation, and in charging your child. (see "School's Responsibilities," below). For instance, the school might not have
investigated the incident, or might not have given your child the chance to
tell her/his side of the story—something they must do whether or not you or
another caretaker is present. Someone
from the school, known as the "investigating dean," will be at the
hearing. The investigating dean is in
charge of the case and you should ask her/him all your questions about how the
school handled the case. The school
must follow certain procedures to protect your child's rights ("due
process"). If it fails to do so,
you can argue that the charges should be "dismissed," because the
school did not give your child her/his due process rights.
The
School's Witnesses
The school will bring people who were involved in the incident and /or
saw it to the hearing. The school will
also have a witness (the investigating dean) testify about how the school
investigated the incident and conducted the suspension. However, the school can't make its case with
this witness alone unless s/he also saw the actual incident.
A charge cannot be upheld on hearsay (or second hand) evidence alone. Written statements are considered hearsay. Again, if no one is there from the school who actually saw the incident, the charges must be dismissed.
Your
Witnesses
You may bring any witnesses you like to the hearing, including students
or school employees who were present and who support your child's version of
the incident. Your can ask them to
come, or you can ask the Hearing Office to "subpoena" them (you must
do so 2 days before the hearing). A subpoena
is a letter sent from the Hearing Office asking a witness to come to the
hearing. You may postpone the hearing
to get witnesses, but your child will remain out of school until the hearing.
Witnesses can be very helpful in proving your case. A witness might help you prove a number of
things (for example, that your child was not involved in the incident at all,
didn't start it, or was provoked, etc.). Always talk to your witnesses
before you ask them to come to the hearing.
Find out exactly what they know.
You might decide that a person will not be a good witness after your
talk. Do not use witnesses whose
stories do not agree with your child's testimony.
You may call a witness who can show how the school made mistakes. For example, someone from your family may
testify that the school never called to say your child was suspended, or would
not give you copies of your child's records when you asked for them.
If you find good witnesses who cannot come to the hearing, ask them to write,
sign and date a statement about what happened. Ask the Hearing Officer to allow you to read it aloud at the
hearing. Keep a copy for you records
and give the original to the Hearing Officer as evidence. (See section on
Evidence.)
Deciding
if your child should testify
You must decide whether your child will testify. The school cannot call your child as a
witness and make him/her tell his/her story.
Only you can do that. This is a
hard decision to make. If your child
was arrested for the same incident, it might be wise not to have her/him
testify, because the record of the hearing could be used negatively in
court. If you have an attorney for your
child's criminal case, s/he will advise you whether or not your child should
testify at the suspension hearing.
If your child was not arrested, decide whether her/his testimony is
more likely to help to have his/her explanation of the incident. However, if your child is charged with
something s/he did do, it is often best not to have her/him testify because if
your child testifies, s/he will have to tell the truth and admit guilt.
Remember, it is the school's job to prove its case. Let it do so without your help. Your child has a constitutional right not to
testify against her/himself. The
Hearing Officer may not assume anything bad by your child's silence.
The
school's Responsibilities before Suspending a Student
Before suspending a student, the school has certain obligations. If it fails to take these steps, it may not
have acted fairly to your child. Ask
the "investigating dean" whether the school took each of the
following steps:
The school must try to avoid a suspension by first trying to discuss any potential problems with you and your child. If your child has had problems before, ask the school what steps were taken to solve them before resorting to a suspension.
The school must give the student the chance to tell
her/his side of the story. They must do
so whether or not you are there.
The school should take a written statement from everyone
involved, and from people who were not involved in the incident but who saw
it.
The school shall give immediate written notice to the
student's parent by personal delivery, express mail delivery or any other
equivalent means reasonably calculated to assure receipt of such notice within
24 hours of the suspension. The school
must also send written specific charges by regular and certified mail immediately
to the parent.
If your child is arrested, the school must contact you
immediately, and have someone accompany your child to the police station and
stay with him/her until you get there or for a reasonable time. That person should not be someone who was
directly involved in the incident.
Objections
If anybody says anything while questioning a witness or while
testifying about the incident that you think is unfair, or anybody asks a
question unfairly, say "I object."
If the Hearing Officer agrees it was unfair, s/he will
"sustain" the objection and say that the question must not be asked
or must be asked differently. If the
Hearing Officer disagrees, s/he will "overrule" you and the
discussion will continue. You must
always be ready to state the reason you think something is unfair.
Irrelevant: You may object that something
is unfair because it doesn't involve the charges. (For example, it is unfair to say your child is "always in
trouble" since it has nothing to do with the charges.)
Hearsay: You may object if the person
speaking does not really know anything about the charges and is only repeating
what s/he was told about the incident (for example, s/he was not there when the
incident occurred). This is
"hearsay" (see Evidence below)
Leading Questions: You
may object if a question suggests the answer that the questioner wants the
testifier to give, like "Didn't you see so and so hit someone and cause a
huge fight?" That question is unfair
because it "leads the witness."
A fair way to ask that question is simply "What did you
see?" Leading questions are not
allowed when questioning your own witness, but are perfectly appropriate when
asking questions of the other side’s witnesses. In other words, you may lead the school’s witnesses, and they may
lead yours.
Badgering, Asked and Answered,
Argumentative: You may object if the questioner repeats the
same question over and over or uses any angry or argumentative style in asking
questions.
Evidence
You or the school can give written documents to the Hearing Officer as
evidence. Handing in the documents is
called "entering" or "admitting" evidence. As with oral testimony, you can object to
anything the school seeks to enter which you think is unfair. The school will probably offer witness
statements and other material related to the incident. Your also can offer witness statements. If, for instance, you speak to people who
saw the incident, but who cannot come to the hearing, ask them to write a
statement. Make sure they sign and
date it.
You have a right to get a copy of all written
evidence before the hearing if you requested it. The school cannot present any written evidence at the hearing if
it did not give you a copy in the "suspension packet.”. Object to any evidence you have not seen
before.
All evidence must be relevant to the
incident. Object to any documents that
have nothing to do with the incident (unless they are helpful to your case).
Direct Evidence
The school must prove its case by
"direct evidence." That means
that a witness from the school must have firsthand knowledge about the
incident. The witness has to have been there. It is not enough to repeat what someone else
said. That would be hearsay. If no one
present has firsthand knowledge, wait until the school says it has finished
presenting its case and in your closing statement, say that the charges must be
dismissed.
Hearsay Evidence
When someone repeats what another person
said, that is called "hearsay."
Object to hearsay evidence. The
hearing officer will tell you that hearsay is "admissible," which
means that it can be considered. But
the school cannot win its case only on hearsay. Someone must be present who was at the incident. (See above).
Witness statements are hearsay evidence. You, as well as the school, can submit into
evidence written, signed and dated statements at the hearing.
Delay
Between Incident and Suspension
A suspension is supposed to stop an "emergency"
situation. It is not supposed to be
used simply as a punishment. For this
reason, a suspension must be immediate.
A student no longer "poses a danger" if the incident occurred
several weeks ago, and unless the school can provide a really good reason for
the delay, the charges should be dismissed.
Schools often say that the suspension was delayed because they were
"investigating." Ask for a
detailed explanation of all the things the school did, and why it took so long.
If there was a delay of more than a day or two between the incident and the suspension, argue that it was not "immediate" and that your child was no longer a danger. Point out that your child was back in school after the incident and nothing else happened.
Searches
The United States Supreme Court has ruled that it is illegal to search
students in school unless the school official has a "reasonable
suspicion" that s/he will find evidence that the child broke a law or
school rule.
Searching a student is an invasion of privacy. Even if s/he has done something wrong, the
school does not automatically have the right to search her/him, or her/his
possessions (for instance, bookbag).
Participating in a fight or failing to carry a late pass does not create
a "reasonable suspicion" that the student is carrying something
illegal. The school must have a specific
reason to believe that if they search the student, they will find
something. And just because a school
finds something illegal on a student does not mean it was right to search the
child in the first place. If you feel
the search was improper, ask for the charges to be dismissed.
If the school offers as evidence something
found during a search of your child, and you feel that the school did not have
a good reason for the search in the first place, object to it being entered
into evidence. US Supreme Court N.J. v. T.L.O.
Before conducting a search, the school must
have information specific to your child.
For instance, they cannot simply search all children found fighting.
The extent of the search must be reasonable A
search that is unnecessarily "invasive" (or thorough) may be an
illegal invasion of your child's privacy. For example, if the school has a
valid reason to believe that your child has a weapon in her/his bookbag, there
is no reason to pat her/his body down. US
Supreme Court N.J. v. T.L.O.
Weapons
If your child is
charged with possession of a weapon, the school must present it at the hearing,
unless they have given it to the Office of School Safety or the police. If the police have the weapon, the school
must present a voucher for it at the hearing, along with a xerox copy of the
weapon itself. The voucher serves a
proof of the existence of the weapon and describes it. If the weapon was given to the Office of
School Safety, that office should bring it to the hearing.
If the school does not bring the weapon, or a
xerox and a voucher, say that it cannot prove its case and ask that the charges
be dismissed.
There are two types of weapons. The first type (Category I weapons) are
those that are illegal to carry, like guns, most knives, box-cutters and
martial arts weapons. The second type
(Category II weapons) are things that could be used as a weapon, but aren't
usually used as a weapon, such as a nail file, broken glass or a pen. If your child is found with a weapon that
isn't necessarily danger, the school must prove that your child had intent to
use it to harm someone. If they cannot
prove that your child had an intention to harm someone, argue that the charge
be dismissed.
Drugs
If your child is
charged with possessing drugs, the school must prove that the substance is, in
fact, a drug. (Also consider how it
found drugs on your child. See the
section on "Searches.") If
the charge is possession of marijuana, ask the school how it is sure it is in
fact marijuana. For instance, how do
they know it isn't tobacco? Did they
smell it burning? Do they know what
marijuana smells like?
If the charge is
possession of another drug, school officials must send it out to a lab for
analysis. Charges may not be based on a
guess about an illegal substance. If
the school does send it out for analysis, it will need to postpone the hearing
and reinstate your child until the new hearing date. You should be given a copy of the lab results before the new
hearing begins.
If your child is
charged with possessing or taking drugs, and these drugs were medication
prescribed by a doctor, bring the prescription and a letter from the doctor to
the hearing and introduce them into evidence.
Academic Records and the
Post-Hearing Dispositional Phase
After the part of
the hearing when the facts of the case are discussed, the Hearing Officer will
ask for "dispositional" material.
The school will hand in academic information such as grades and
teachers' comments. Check the records
to make sure that you already have everything given to the Hearing Officer.
You should have been notified in writing any
time the school wrote something negative on you child's school record. If you were never made aware of negative comments
on the records, object to their being handed in as evidence.
You may also submit
letters of recommendation or other materials to help the Superintendent make a
decision about your child's suspension.
You may make a specific request, like having your child returned to the
same school or transferred to a different school. Let the hearing officer know if there is a specific school(s)
that you would like your child transferred (but note that the Superintendent does
not have to honor your request.) If
your child did not receive schoolwork during the suspension, or missed any
exams, ask the Hearing Officer to help make arrangements to make up missed
work. Remind the Hearing Officer that
your child has already missed many days of school, and you don't want her/him
to fall further behind. Also request
that any record of the suspension be sealed and expunged from your child's
permanent school records (see records of suspension.)
The Hearing Officer
will first decide whether your child is innocent or guilty, based on the
evidence. If the charges are upheld,
s/he will look at the academic records to help the Superintendent make a
decision about your child’s disposition.
Timeline for the Hearing
Officer to Issue a Decision
You should receive a
mailgram two working days after the hearing, letting you know whether the
charges have been "sustained" (found to be true) or
"dismissed" (found to be untrue).
After 5 school days, you should receive a 2 or 3 page letter explaining
the Hearing Officer's decision.
If the Hearing Officer does not give you a
decision within these time guidelines, your child may return to school while
waiting for the decision.
What the Hearing Officer
can Decide
If the charges are
found to be untrue, your child has a right to be reinstated immediately to the
same school, although you can request a voluntary transfer to another school if
you think it would be better for your child.
If the charges are
found to be true, the Superintendent may:
reinstate your child in the same school;
continue the suspension for 6-30 more school days;
suspend your child from school for a calendar year
place your child in an SOS school (Second Opportunity School) for a
calendar year
Expel your child from NYC public schools.
This option is only available for students who turned 17 before the
school year and for very serious infractions.
As noted earlier, as of March, 2001,
superintendents can no longer transfer a student as a result of a
superintendent’s suspension to another public school. In order to transfer a child involuntarily, the school must
follow a separate involuntary transfer process. A student, however, can be transferred after a suspension if it
is requested by the parent.
Continued Suspension for a fixed period
between 6-30 days
The Superintendent may authorize a continued
suspension for a fixed period of 6-30 school days (up to 6 weeks of
school). During this period the student
is entitled to alternate education at an alternative instruction site that must
be “substantially equivalent” to his/her school program. At the end of this period your child will
either be reinstated to his/her own school or transferred to a new school.
Extended Suspension for One Calendar Year (With the opportunity to petition for early
readmission)
The Superintendent may authorize a suspension
for one calendar year, during which time your child is must be provided with an
alternative education at an alternative instruction site. Again this alternative education must be “substantially
equivalent” to his/her program. In the
decision letter, the superintendent must give you a date no less than 30 days
and no more than 90 calendar days for when your child can petition to reenter a
regular school program.
Extended Suspension for one calendar year
with a transfer to a Second Opportunity School (With no opportunity to petition for
readmission)
For the most serious infractions, a
Superintendent may authorize a transfer to a Second Opportunity School. In these cases, your child will not be able
to petition for early readmission.
Also, students in grades K-5 may also be transferred to a Second
Opportunity School if they were found to use a firearm in school.
Referral to Special Education
If your child is referred for an evaluation
for possible handicapping conditions, you have to decide whether you agree to
have your child tested. This is
difficult decision and we suggest that you call Advocates for Children for
advice. Even if you decide not to
consent to an evaluation, s/he must be returned to school, either immediately
or at the end of the suspension period.
Records of Suspensions
The superintendent will decide whether the
record of this suspension will be permanently noted on your child’s school
record, or will be “sealed and/or expunged.” “Sealed” means that the record of
the suspension will be kept separate and “expunged” means that, if your child
does not get suspended again, the record of the suspension will be destroyed
upon leaving or graduating from the New York City school system. If the decision is to permanently note the
suspension on your child’s record (this rarely happens), you may appeal that
part of the decision. (See “Appeals” section.)
Petitioning for Readmission
If your child is suspended for a calendar
year the opportunity for early readmission, the Superintendent will give you a
date, between 30 and 90 days from the suspension, when you may “petition for
early readmission to a regular NYC public school.” To petition for readmission, you must submit letters of
recommendation, and a statement by your child saying what s/he has done during
the expulsion and promising not to violate the discipline code in the
future. You must also tell the
Superintendent why your child wants to go back to school, and what your child’s
“educational plans” are if readmitted.
(This can simply mean what school you would like your child to attend
and why.)
After receiving your petition, the
Superintendent will ask you and your child to come to a conference. This conference must be scheduled no later
than 10 days after the Superintendent receives you petition. You will then be told if you child is to be
returned to school, or whether you must petition at a later date.
Appeals
You may appeal any decision by writing a
letter stating the reasons you believe the decision was wrong.
You must send this letter within 20 school
days after you receive the decision, or 10 school days after you receive a copy
of the written hearing transcript. If
you suspect the Superintendent will uphold the charges and you know you will
want to appeal the case, ask at the close of the hearing for a transcript. You can always order it later, but this will
be simpler.
You will make your appeals first to the
Chancellor, and then, if he denies your appeal to the New York City Central
Board of Education.