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Common questions about New York suspension hearings

If you're like most parents, you would probably do just about anything for your child, including defend them if they were accused of any wrongdoing. For many parents, this is the case when their child gets suspended from school for violating school policy or worse, breaking the law while on school grounds.

But defending your child's rights can be a challenge, especially if you don't know what they are or what the correct course of action is. As such, you may find yourself asking a number of questions, including the ones we will address below. By getting answers from a reputable source, you ensure the best protection of your child's rights and future.

Under what circumstances can my child be suspended?

There are a number of circumstances in which a principle or superintendant may suspend a child, including if they are being violent, bring a weapon to school, threatens another student or member of the faculty, intentionally damages or destroys school property, are purposefully disruptive in class or are habitually truant.

How long will my child be suspended?

Under Section 3214(b) of the New York State Consolidated Laws, suspensions typically last no more than five days. However, depending on the circumstances leading to the suspension, this period may be extended, which then gives the student and their parents the opportunity for a fair suspension hearing.

What is a suspension hearing?

As Section 3214(c) of the New York State Consolidated Laws explains, a suspension hearing is a time in which a designated hearing officer listens to the facts of the case then makes a recommendation to the superintendant regarding an appropriate measure of discipline.

Who will tell my son or daughter's side of the story?

Because a suspension can severely impact your child's education and future, it's important to know that your child may be represented by counsel, such as an advocate, during the hearing process. Counsel can be incredibly beneficial not only because they can explain your rights and the rights of your son or daughter, they can also walk you through each step of the hearing process.

An experienced representative can also notify your son or daughter about the things they should and should not saying during hearing proceedings, especially if their suspension was linked to an alleged crime.

If the threat of a suspension or administrative school hearing has you worried about your child's future, then make sure to ask the right people the right questions. And remember, you have the right to counsel to help you protect your child's rights. 

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