In public New York schools, a long-term student suspension or potential expulsion must follow specific due processes. The outcome of this hearing is instrumental in a student’s ability to continue at the school they attend, and it can often impact the rest of their future. Understanding the possible outcomes of a student expulsion hearing in New York can help both parents and students understand the severity of this situation and also the rights that they have.
When you are facing a fair hearing in a New York public school, you have the right to an advocate before and during the hearing. Securing the right support may be crucial for the outcome of the hearing.
What Is a Fair Hearing for Long-Term Suspensions and Expulsions?
When a student receives a suspension for longer than five school days, this is called a long-term or a superintendent’s suspension. When the student meets certain criteria, and their conduct is dangerous and severe enough, this suspension could be an expulsion. A fair hearing allows the student and the school to present their side of the incident. The school has the burden to prove the incident of misconduct.
During the hearing, the student has the right to have legal representation and advocacy, present evidence and witnesses, and question witnesses. The hearing officer will listen as both sides present their evidence during the hearing.
When Is a Student Able to Be Expelled in New York?
If a student commits violent or criminal behavior, they may face a long-term suspension for several weeks. New York City’s discipline code states that expulsion is only available in extreme cases and when the student in general educational courses has turned 17 prior to the beginning of that school year. The choice of suspension must also be left up to specific individuals. A hearing may determine whether a student receives a long-term suspension or an expulsion.
The Outcome of a Fair Hearing
After a fair hearing has concluded and both the student and the school have presented their information, the hearing officer will make a decision. This decision should be reached in two days. The hearing officer will state what they have found to be the findings of the incident and what disciplinary action they recommend. This may include no action, the length of the suspension, or expulsion.
Options for an Appeal After a Fair Hearing
If there is an unfavorable result in the hearing, you are not out of options. You can appeal a suspension or expulsion ruling on specific grounds in New York. To file an appeal, you must be the student, their parent, or a representative acting on their behalf. For appeals of superintendent suspensions or more serious situations, like an expulsion, you want to send an appeal in writing to the Chancellor ℅ the Office of Legal Services for New York City schools and to the Board of Education or the Commissioner of Education in the state.
This appeal must be filed within whichever date comes later:
- 20 school days from the date the final decision was made
- 10 school days from the date you received the recording or transcript of the hearing
The appeal may be requested on some of the following grounds:
- -The suspension is for too long a duration.
- -The state’s hearing process was improperly followed.
- -The suspension was not fair or improperly decided.
- -The final decision was incorrect based on the evidence provided in the hearing.
While the appeal is being decided, the individual can also request a decision regarding the suspension, such as being allowed to return to school until the appeal is addressed.
Education After Expulsion
In New York, schools are required to provide alternate schooling for suspended students, as schools are not allowed to academically punish a student for being suspended. Schools are not required to provide alternate schooling for those who are 17 or older, although some may do so. Because of this, expelled students often do not receive this alternative education. It may be helpful to look into other school districts and other options for education if this is the case.
FAQs
Q: What Are the Consequences of Expulsion?
A: The consequences of expulsion from a school typically mean that a student is permanently removed from that school and its district. The student would have to continue schooling at another school system or attend an alternate school. These are the immediate consequences of an expulsion, but there are also long-term effects.
According to this study, these effects include negative consequences on a student’s performance in school. It also poses a more likely future of disciplinary actions and involvement with the justice system, with very few overall benefits.
Q: Can a Student Come Back After an Expulsion?
A: In some cases, a student can come back after an expulsion. There are cases where the suspension or expulsion is revoked, or a student’s status is reinstated after the end of an expulsion period. This is likely to occur if the school board believes this to be in the interests of the student and the school. However, there are also cases where expulsion is permanent and a student cannot return to the school district they were expelled from.
Q: Can Expulsion Affect College Acceptance?
A: Expulsion could affect college acceptance, as disciplinary records may be requested or expected supplemental information. Not all disciplinary issues are going to be considered in admission decisions, but an expulsion is often a more serious situation. Expulsion is often due to criminal, dangerous, or violent activity. Behavioral issues and criminal activity are also considered when determining whether to accept a college application.
Q: What Are the Options for Kids Who Have Been Expelled?
A: There are several options for kids who have been expelled, including:
- -Alternative school programs or educational opportunities in an alternate setting, which are required to be provided to expelled students in New York
- -Another school system that will accept the student
- -Mental health and other support services
In some cases, you may even be able to appeal the expulsion decision, but it’s important to talk this possibility over with a qualified attorney.
Defending Your Student Rights in New York
It’s important to do what you can to protect your rights if you are facing long-term suspension or expulsion. The Law Offices of Robert Tsigler, PLLC, can help you understand your rights and defend them. We can look into the accusations against you, help gather evidence and witnesses, and provide you with the greatest chance to avoid the worst outcome. Contact our firm today.
