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Facing a Superintendent Suspension Hearing?
Superintendent Suspension Hearing Attorneys in Albany & Upstate New York
When a student is accused of misbehavior, whether for insubordination, disorderly conduct, endangering other students’ health, safety, and welfare, or violating the school code of conduct, the school will typically notify the student’s parent(s) that a superintendent suspension hearing has been scheduled. This hearing determines whether the student should receive a suspension or other disciplinary action.
At LaMarche Safranko Law, our experienced school suspension attorneys represent students and advise parents throughout Albany, Clifton Park, Latham, and Plattsburgh, New York. We understand the serious consequences of a suspension or adverse notation on a student’s academic record and work diligently to protect your child’s rights and future.
Superintendent Suspension Hearing Attorneys | Criminal Defense Lawyers
Superintendent hearings are mandatory when a student is being suspended beyond five (5) days. Notice is required and you have the right to representation at these. During a superintendent suspension hearing, the school district must present sufficient evidence to support the allegations against the student. If the allegations are sustained, the hearing officer determines the appropriate level of discipline. The process can significantly impact a student’s academic record, extracurricular eligibility, and future opportunities.
Students have the right to be represented by an attorney at these hearings. A skilled school suspension lawyer can help by:
- Examining the student’s school file for inconsistencies or evidence to support the defense
- Questioning witnesses presented by the school
- Presenting witnesses and evidence on behalf of the student
Navigating a superintendent suspension hearing without legal guidance can put a student at a significant disadvantage. Our attorneys have extensive experience advocating for students and parents in school disciplinary proceedings.
Be advised, there is a separate but critical additional component to these called a “manifestation hearing”. These are required when a student is being subjected to this type of suspension, but has a diagnosed disability / IEP with the school.
If the misconduct is found to be a manifestation of the student’s disability, then further suspension should not occur, and other factors and aid should be provided. This is a critical component and if your loved one has a disability and is suspended, a manifestation hearing should be considered
FAQs About Superintendent Suspension Hearings
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 a detailed code of conduct that identifies the range of penalties and offenses punishable by suspension.
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 details of the conduct and notify the parent of the right to request a conference with the principal.
It is important to note that a phone call can not substitute the required written notice to the student’s parent.
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 determine the conduct and punishment.
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 will then decide whether the student’s suspension is supported by competent and substantial evidence showing that the student has participated in the objectionable conduct. During this stage, the Hearing Officer will determine the appropriate punishment, such as if the student will be suspended and, if so, for how long. The Hearing Officer will consider numerous factors in determining the punishment. Some of these factors include the student’s behavioral history, academic performance, and materials submitted reflecting the student’s character in a positive light from teachers, coaches, or other community members who know the student.
When the Hearing Officer is contemplating the appropriate punishment, it is crucial to make a formal request to the Hearing Officer that the student is immediately reinstated and that the suspension is expunged from the student’s record at the end of the school year or suspension period. Ultimately, it is within the Hearing Officer’s discretion to determine the appropriate punishment.
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 decision.
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, and online activity that is disruptive to school operations.
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) days is considered a change in placement. This occurrence triggers all of the parental due process rights contained in the IDEA. The ten (10) day disability criteria does not need to be consecutive days but are counted yearly.
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 to complete community service.
Students who have violated their school’s code of conduct may face suspension from the school, extracurricular activities, after-school programs, or athletic events that they otherwise are eligible to participate in. The student must remain off school grounds and is prohibited from attending school events during the suspension period.
In order to address such behavioral issues, counseling may be appropriate to deal with such topics as anger, drugs, or alcohol.
Yes, it is legal under New York State Education Law §3214.
Under New York State Education Law §3214, a student may be suspended for up to 5 days if misconduct is alleged. During that time, a hearing must be scheduled, and the student must be provided notice of the misconduct they are charged with. On consent of the parents and the school, this 5 day timeframe may be extended.
Generally, yes.
However, it is best to consult with an attorney that handles student suspension hearings before deciding whether to attend the informal conference, as specific issues may arise.
There is a benefit to attending an informal conference with the principal. Such an advantage would be that this event would allow the student an opportunity to present their version of the events and ask questions to the complaining witnesses.
Any public-school student who, after a hearing, is determined to have brought a weapon to school shall be suspended for a period of not less than one calendar year. Additionally, the child may be charged with a criminal offense and referred for a juvenile delinquency or juvenile offender proceeding. It is a class E felony to possess a weapon on school grounds. A weapon includes a rifle, shotgun, or firearm. School grounds include any buildings or grounds used for educational purposes, or on a school bus.
DASA stands for Dignity For All Students’ Act. This anti-bullying legislation passed in New York requires schools to provide all students with a safe and supportive environment free from discrimination, intimidation, taunting, harassment, and bullying on school property, school buses, or other school functions.
This law also requires schools to take preventive actions against bullying and respond proactively to any bullying claims.
A public-school student determined by a hearing to have brought a gun or a dangerous weapon on school grounds is subject to suspension for at least one (1) calendar year. In addition, the student may be charged with a criminal offense and referred for a juvenile delinquency or offender proceeding as possessing a weapon or gun on school grounds is a class E felony under New York State Penal Code.
School ground includes but is not limited to any school property, buildings, grounds used for educational purposes, or on a school bus. Moreover, a weapon may be defined as a rifle, shotgun, or any firearm.
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 to certain terms such as a specific suspension period, agreement to attend counseling, and/or complete community service is signed by the school, the student’s parents, and the student.
Yes.
A student may be subject to discipline or suspension 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.
Some of the actions that occur off school property that can lead to a school-mandated punishment include alcohol or drug consumption or smoking, criminal arrest, off-campus fight, and online activity that is disruptive to school operations.
Yes.
A student or a student’s parent can file a written appeal to the Board of Education within thirty (30) days of the Hearing Officer’s decision.
If the Board of Education upholds the Hearing Officer’s decision, the student or the student’s parent may file an appeal to the New York State Commissioner of Education within thirty (30) days of the Board’s decision.
