Yes, however, this requires cooperation. A cooperating witness with the government can receive a downward departure from the mandatory minimum sentence. If the government makes a “5k downward departure motion”, a judge is not bound by the mandatory minimum sentence. Downward departure motions are made [...]
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) [...]
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 [...]
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 [...]
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 [...]
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 [...]
Yes. The school district must provide instruction at a local place or the student's home for every day that the suspension is in effect. Specifically, a district must provide one (1) hour of home instruction each day for suspended students in grades 1-6 and two [...]
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 [...]
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 [...]
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