New York State Student Discipline Laws: A Comprehensive Guide
Understanding New York's student discipline laws & procedures.
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New York State has specific laws and regulations governing student discipline, including suspensions. These laws aim to balance the school's right to maintain a safe and orderly learning environment with the student's right to due process.
Key Laws and Regulations
Education Law Article 89: This article outlines the general principles of student discipline, including the authority of school officials to impose discipline and the procedures that must be followed.
Regulations of the Commissioner of Education: These regulations provide more specific guidance on student discipline matters, such as the types of offenses that may warrant suspension and the disciplinary procedures that must be followed.
Types of Suspensions
New York State law recognizes two main types of suspensions:
Short-term suspensions: These suspensions are typically for a period of less than 10 days. They may be imposed by the principal or other school administrator for a variety of offenses, such as disruptive behavior, insubordination, or violation of school rules.
Long-term suspensions: These suspensions are for a period of 10 days or more. They require a hearing before an impartial hearing officer, who will determine whether the suspension is appropriate based on the evidence presented.
Due Process Procedures
When a student is facing suspension, they are entitled to certain due process protections. These include:
Notice of the charges: The student must be given written notice of the charges against them, as well as the date, time, and location of the hearing.
Opportunity to be heard: The student has the right to a hearing where they can present their side of the story and challenge the evidence against them.
Right to counsel: The student may be represented by an attorney at the hearing.
Impartial decision-maker: The hearing officer must be impartial and unbiased.
Appeal rights: The student has the right to appeal the decision of the hearing officer.
Additional Considerations
Alternative to Suspension: Schools are encouraged to consider alternative to suspension programs (ATSP) as a way to address student misconduct without resorting to exclusionary discipline. These programs may include counseling, mediation, or community service.
Exclusionary Discipline: New York State has enacted laws to reduce the use of exclusionary discipline, which can have a negative impact on student achievement and well-being. These laws require schools to collect data on suspensions and expulsions and to develop plans to reduce their use.
Conclusion
New York State law provides a framework for student discipline that balances the school's need for order with the student's right to due process. By understanding the key laws and regulations, students and parents can ensure that their rights are protected in the event of a disciplinary action.
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