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CRIMINAL DEFENSE • DISCIPLINARY INVESTIGATIONS & HEARINGS

Expulsion

New York School Expulsion Defense Attorney

The strict zero tolerance policies adopted by schools today mean student suspensions, expulsions and other disciplinary actions are on the rise. Expulsion is a serious punishment with significant long-term consequences that can impact a child’s future and career prospects.

Under New York state law, there are two kinds of school suspensions — a principal’s suspension and a superintendent’s suspension. The main difference between them is the amount of time a student must stay out of school. While the former may last from one to five days and is not included in the student’s permanent record, a school may seek the latter for serious misconduct. Superintendent’s suspensions can last from six days to up to one year, depending on the severity of the charges. Permanent expulsion is a drastic penalty that schools should use only in extreme circumstances, such as when a student poses a threat to others.

There are many grounds for suspension and expulsion in New York public and private schools. These include cheating, plagiarism and other forms of academic dishonesty. Bullying; fighting; hazing; sexual assault; possession of drugs, alcohol or weapons; and other dangerous misconduct or violations of school policy can all put a student at risk of expulsion.

If your child is facing a disciplinary hearing and possible suspension or expulsion, the experienced attorneys at Brill Legal Group can help you protect their rights. The school must comply with certain requirements. Students who receive a superintendent’s suspension are entitled to request a full hearing before an impartial hearing officer. The hearing must occur within five days of the suspension date.

Each school has a particular way of conducting student disciplinary hearings. However, most schools follow a similar process. The school must immediately provide the child’s parents with a written notice of the suspension. The notice should include the charges against the student, as well as the time and date of the hearing or conference.

If the parent decides to proceed with a full hearing, the school is required to submit evidence and witnesses to prove the charges against the student. The hearing officer will make a decision within two days of the hearing. A superintendent’s suspension or expulsion is recorded on the student’s permanent record. However, we can fight for the hearing officer to remove the suspension from the student’s record in the future.

Too often, students accused of misconduct try to deal with the school’s disciplinary hearing alone. This is a big mistake. Parents and students have the right to bring an attorney to represent them at the hearing. It is essential to seek the counsel of a knowledgeable school disciplinary attorney who can stand up to the lawyers that New York school districts are likely to bring to the hearing to defend their disciplinary actions. Do not face the school board and hearing officer alone. Our attorneys will go into the hearing prepared in order to secure the best possible outcome for students at risk of expulsion.

The attorneys at Brill Legal Group in our New York offices are equipped to protect the rights of students in both public and private schools. New York City school boards and administrators often succumb to pressure from other parents to take action against a student accused of misconduct. Often the punishment does not fit the misconduct, or may seem unreasonably harsh and discriminatory.

Students with disabilities are entitled to extra protections via the Individuals with Disabilities Education Act. In public schools, a manifestation hearing must take place before any expulsion proceedings. The hearing is held to determine whether the student’s alleged misconduct is a manifestation of their disability, or whether it occurred because the school failed to implement the child’s Individualized Education Program.

Attorney Peter Brill and his team can represent your child in disciplinary hearings. We also have the resources to negotiate with school authorities and show them there are other solutions.

Your child has rights. Call us today for a free consultation.
Suffolk 631-204-8254 – Manhattan 212-233-4141 – Nassau 516-206-2002
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