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Superintendent Suspension Hearing | Lawyers/Attorneys

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Superintendent Suspension Hearings2020-08-25T18:08:29+00:00

Superintendent Suspension Hearings | Lawyers & Attorneys

When a student is accused of behaving badly by being insubordinate or disorderly, endangering the health, safety and welfare of other students, or violating the school code of conduct you will likely receive a letter from the school notifying you that your child has been suspended and that a hearing is being scheduled to determine if your child should receive a lengthier suspension or other punishment. At that hearing, your student has the right to be represented by an attorney and the attorney has the right to question witnesses against your child. Your school suspension lawyer also has an opportunity to call witnesses on your child’s behalf. Your superintendent suspension hearing attorney may also examine the contents of your child’s school file. At the hearing, the school district must present sufficient evidence to sustain an allegation against your child. If an allegation is established, the hearing officer will determine the appropriate level of discipline against your child.

Frequently Asked Questions about Superintendent Suspension Hearings

Our team of attorneys and lawyers provide answers to some important questions below.

Is it lawful to suspend my child from school?2020-07-29T14:29:28+00:00

Yes, under New York’s State Education Law, schools can suspend a student who is insubordinate, disorderly, violent, disruptive, or whose conduct otherwise endangers the safety, morals, health, or welfare of others. A suspension can last anywhere from one day to more than a year. All schools have codes of conduct which must be provided to each student every year.

What is a Principal’s Suspension?2020-07-29T14:33:43+00:00

A Principal’s suspension is a suspension which can last anywhere from 1 to 5 days. A written notice must be given to the parent within twenty-four (24) hours of the decision to suspend the student.  The notice must contain the date and specific details of the conduct, as well as notify the parent of the right to request a conference with the Principal. A phone call can not substitute this required written notice.

What is a Superintendent’s Suspension?2020-07-29T14:33:27+00:00

A Superintendent’s suspension is a suspension which lasts anywhere from 6 days to 180 days. The parent must be sent a notice of the suspension explaining the charges against your child as well as the right to a hearing regarding the conduct and punishment. This notification must include a statement of rights, including your right to have legal representation.

What happens during a Superintendent’s Suspension Hearing?2020-07-29T14:33:10+00:00

There are two phases to a suspension hearing. The first is the fact-finding phase.  If it is determined that a violation was established, a dispositional phase where the specifics of the punishment are determined will take place. During the fact-finding phase, each side can present an opening statement including a summary of what the evidence will show. The school will then present its case. Next the student’s case will be presented either through a parent, advocate, or lawyer. The Hearing Officer will then determine whether the decision to suspend the student is supported by competent and substantial evidence that the student participated in the objectionable conduct. During the dispositional phase, the Hearing Officer will decide the appropriate punishment and determine if your child should be suspended and for how long. Items considered in this phase include the child’s behavioral history, academic performance, and materials submitted reflecting your child’s character in a positive light from teachers, coaches, or other community members who know your child. It should always be requested that your child be immediately reinstated, and that the suspension be expunged from your child’s record at the end of the school year.

Is a suspension appealable?2020-07-29T14:32:56+00:00

Yes, a parent or student can file a written appeal to the Board of Education within 30 days of the date of the Hearing Officer’s decision. If the Board of Education upholds the Hearing Officer’s decision, the decision may be appealed to the New York State Commissioner of Education within 30 days of the Board’s decision.

Can a student be disciplined for conduct that occurred off school grounds?2020-07-29T14:30:46+00:00

Yes. A student may be disciplined for off-campus conduct that endangers the health or safety of students or staff, creates a risk of substantial disruption to school operations or will otherwise adversely affect the educational process. Actions that have occurred off school grounds which resulted in school discipline include a criminal arrest, off campus fight, and online activity that is disruptive to school operations.

Can my child be suspended from extracurricular activities and/or athletics?2020-07-29T14:30:58+00:00

Yes. Procedures that govern suspension from extracurricular privileges need only be fair and give the student and parents an opportunity to discuss the conduct in question with the school. This punishment can occur because of actions taken off school grounds such as alcohol or drug consumption or smoking.

Can a student with a disability be suspended?2020-07-29T14:32:40+00:00

Yes. However, there are numerous protections that a student with a disability is afforded during the disciplinary process. Pursuant to the Individuals with Disabilities Education Act (IDEA) a suspension of a student for more than ten days who is classified as having a disability or that a school district has reason to believe may have a disability, is considered a change in placement which triggers all of the parental due process rights contained in the IDEA. The ten days need not be consecutive but are counted on a year by year basis.

What is a manifestation determination?2020-07-29T14:31:19+00:00

A manifestation determination is an extra step in the disciplinary process relating to students with disabilities wherein the question must be asked whether the conduct in question was caused by or had a direct and substantial relationship to the child’s disability. Such a determination is made based on a review of all relevant information in the student’s file including the student’s Individualized Education Plan (IEP), teacher observations, progress data, and relevant information provided by the parents. A school’s failure to implement the IEP is a factor considered in determining the cause of the conduct.

Can the school’s claim against my child be resolved without a hearing?2020-07-29T14:31:31+00:00

Yes. In some instances, an agreement can be reached with the school regarding the appropriate discipline that should be imposed against your child. In those instances, a written agreement is often signed by the school, parents and child that agree to certain terms such as a specific suspension period, an agreement to attend counseling, and/or to complete community service.

What kind of punishment can my child face because of behavioral issues at school?2020-07-29T14:32:20+00:00

If your child has violated the school code of conduct, he/she faces suspension from school and all extra-curricular activities, after school events or athletic activities he/she participated in. In some instances, counseling is appropriate to deal with issues such as anger, drugs, or alcohol. During any suspension, your student will likely be required to remain off school grounds.

Is it legal to suspend my student before the hearing is conducted?2020-07-29T14:30:11+00:00

Yes. Pursuant to the provisions of New York State Education Law §3214 your child may be suspended for a period not to exceed 5 days if misconduct is alleged. During that time, a hearing must be scheduled, and your child must be provided notice of the charged misconduct.

Should I attend the informal conference with the principal?2020-07-29T14:31:59+00:00

Yes. The informal conference with the principal allows an opportunity to present the pupil’s version of the event and to ask questions of the complaining witnesses. It is always best to speak to a lawyer who handles school hearings before deciding whether to attend the informal conference.

What if my child brings a gun/weapon to school?2020-07-29T14:30:01+00:00

Any public-school student who, after a hearing, is determined to have brought a weapon to school shall be suspended for a period of not less than one calendar year. Additionally, the child may be charged with a criminal offense and referred for a juvenile delinquency or juvenile offender proceeding. It is a class E felony to possess a weapon on school grounds. A weapon includes a rifle, shotgun, or firearm. School grounds include any buildings or grounds used for educational purposes, or on a school bus.

What is DASA?2020-07-29T14:29:50+00:00

In New York, DASA stands for the dignity for all students’ act. This anti-bullying legislation requires schools to provide students with a safe and supportive environment, free from discrimination, intimidation, taunting, harassment and bullying on school property, a school bus or at any school function. The law requires that schools take action to prevent bullying and respond appropriately to any claims of bullying.

LaMarche Safranko Law Testimonials

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Vicki Testimonial Transcript
Well, I met George in 2014. My son was arrested for a criminal offense, and George—he has this ability, it’s just who he is. He’s genuinely empathetic and he’s very compassionate and he has the ability to just make you feel safe. You know? I just always felt I was in great hands and my son was in good hands and that we would have a good outcome of our situation and we always have. And he’s brilliant. He’s a brilliant lawyer. He’s very skilled and very creative. He has excellent rapport with all the judges and DAs and officials, and he’s always found a rehabilitative outcome for my son which I genuinely appreciate.

Laurie Testimonial Transcript
George was referred to me by my estate attorney. They go way back and it was a great referral, I don’t think I could have done any better, it was a very good match for me. Something that was really really instrumental in the whole thing was George keeping us up-to-date on what was going on and very much included. I was invited to be at all the depositions if I wanted to be and he gave me all the written depositions to read through, so I was always up-to-date on what was going on and I felt like a part of the process. I would definitely recommend George to other people. In fact, about 2 weeks ago I did. A friend of mine was in a pedestrian car accident, she was the pedestrian and is in pretty rough shape, and he was the first person I thought of so I actually asked him if it would be in his purview and he said yes. And I know that she’s very happy with him so far.

Jules Testimonial Transcript
What brought me to the firm was a personal incident where Andrew was recommended to me very highly by a family friend who’s also an attorney, and Andrew represented me to great satisfaction in that case. What impressed me the most about Andrew was his direct straightforward approach, and he has this incredible way of setting you at ease and yet telling you the good and the bad of a situation. I felt that he was very much a straight shooter and lived up to the reputation that preceded him. I would recommend them and Andrew Safranko to anybody in the world. They’re just that class of a group of people.

Chuck Testimonial Transcript
Well, I came to LaMarche Safranko Law because I knew Andy was here and he’s helped me in the past and I just feel so comfortable coming to him because you know you’re going to get the best outcome that you can get in a criminal law field. He’s done such a fabulous job for me and I’ve seen what he does for me, so I’m sure he’ll do the same—put out the same effort and energy and zeal it takes to win their case like he has mine. I would feel very comfortable recommending him.

“The staff at LaMarche Safranko Law took care of  whatever I needed, it was just fabulous. It was top shelf, if I called, I got George. If he was in a meeting, they left him a message. He called me right back after the meeting. Everybody was very courteous and very nice there. If I left a voicemail, everybody got back to me quickly. The level of service  was very, very good and I would Highly recommend them.”

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A personal injury client from Cohoes, NY

“My family and I cannot thank George and his staff enough for all of the support and guidance they have given us over the past six months. Anyone who has ever suffered a personal injury knows how difficult they are to overcome, but I’m glad we had such an intelligent and hardworking attorney on our side so I could focus on my recovery rather than on the details of the case….

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A personal injury client from Waterford, NY

“Dear Andrew and George,

I cannot thank you enough for your hard work, diligence, and selfless manner that you put towards my legal difficulties in Colonie. From the first moment I met you, you helped reassure me that things were going to turn out in a more favorable manner than I originally thought. Clearly, the final result of my court case displays the quality of time and work that you put into this….

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A client from Colonie, NY

“I am an attorney who found himself in the middle of a serious, personal legal matter that compromised not only my personal life but my professional life as well. I immediately contacted Andrew (Andy) Safranko, Esq. Andy worked tirelessly and extremely hard to bring my legal situation to a very favorable resolution. In so doing, Andy not only saved certain aspects of my personal and professional life

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Anonymous Attorney from Albany, NY

“Dear Mr. Safranko,

Thank You so much for answering my question, and so expediently!

The dedication, respect, and consideration with which you treat your clients, current and past, is remarkable. It is why I reached out to you when searching in my time of need, and why I would highly recommend…

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A client from Albany, NY

“Dear George, Andy and Staff,

Thank you all for your kindness and all your help in getting back to my wellbeing and life.  I could not have done it without you all.  Everything is going so well again.  I recommend you highly. Thanks Again!”

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A client from Troy, NY

“Throughout the attorney client relationship regarding my personal injury lawsuit, George and his staff continually exhibited tremendous amounts of legal knowledge, skill, and a vast amount of expert resources that ultimately resulted in a final judgment in my favor.  George was there every step of the way to explain where we stood and what to expect next and there was never a need to question his professional judgment…

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A client from Troy, NY

“Dear Andy,

Thank you so much for everything you have done for our son over the last three years.  This has been a very challenging time for our family and the knowledge that our son has an attorney as capable and amazing as you are has given us peace of mind!

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Parents of a client from Cropseyville, NY

“I cannot thank George E. LaMarche lll and his team for the excellent legal work they provided for my son, and in extension, our entire family. His experience, knowledge of the law, networking ability and communication is second to none. In our case, our son was wrongly accused by a small town police officer and charged with 5 tickets…

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A client from Altamont, NY

“I wanted to take this opportunity to thank you for your excellent representation on my recent matter. I have worked with lawyers, and in law firms much of my professional life, but I have never encountered the rare mix of skill, integrity and humanity in one individual—you….

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A client from Rensselaer, NY

“I can honestly say that the best decision I’ve ever made was retaining George LaMarche as my attorney. I was in a situation where everything wasat risk; my career, livelihood, and the ability to provide for my family. In desperation, I contacted over a dozen attorneys. The majority of the lawyers I spoke with promised results without seeing paperwork or knowing valuable facts….

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A client from Albany, NY

“No one likes to be in a bad situation, but if you need a lawyer George is your man. Not only does he point you in the right direction he offers good advice for your future. As much as we bring him business he does not encourage that next time anticipation….

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A client from Albany, NY

“I wanted to express my deepest appreciation to Mr. Andrew Safranko for the exceptional job he did in regards to my legal representation. Mr. Safranko displayed the utmost in professionalism and discretion during the entire court process, and took the time to explain each and every step….

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A client from Schenectady, NY

“The arrest of my husband in 2008 was an extremely difficult and emotional time for our family. The arrest turned our lives upside down. It was sudden and unexpected and had tragic emotional as well as financial consequences. I had no idea what to do under the circumstances….

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A client from Upstate New York
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