It is important for parents to be able to protect their children when they have concerns about their child’s school disciplinary process. To effectively do that, they need to be familiar with what the process is and the rights of parents and children in the process.
The New York school disciplinary process
There are several aspects of the school disciplinary process in New York that parents should be familiar with including the different types of hearings children have a right to if they have been accused of violating school policy.
- A superintendent’s hearing: A superintendent’s suspension can last for up to one year and is generally considered more serious. The parents must be notified and may aid in the appeal process of the suspension.
- A principal’s hearing: A principal’s suspension can last for 1-5 days. Written notice of the suspension must be provided to the parents immediately and a conference must be scheduled within five days from the time the notice is sent. At the conference, documents, witnesses and evidence are presented and the principal determines if the suspension is warranted.
- Individualized education program (IEP) manifestation hearing: When a special education student is suspended, they may receive a manifestation determination review which will examine any link between the student’s disabling condition and behaviors. A manifestation determination review is required if the special education student will be suspended for greater than 10 days.
Suspensions can be detrimental to the needs of children in our schools. For that reason, parents should be familiar with education law resources that can help them protect the interests of their children.