Education Law and

School Suspensions

Freedom of Speech | Disciplinary Hearings

School Suspensions | Superintendent Hearings

School Suspensions and Disciplinary Hearings

Is your child facing a school suspension? Criminal charges? Long Island School Suspensions are serious. Are you a teacher facing discipline? A 3020a hearing? Retaliation for speaking out? Does your child have special needs? Is he or she facing a Manifestation Determination Review? Is your child getting the free and appropriate education that he or she deserves?

 

Long Island has over 120 school districts, each with its own set of rules and, likely, represented by a team of attorneys. As a former law intern and Suffolk County Chapter New York Civil Liberties Union volunteer, Mr. Morris attacked the issue of racially disproportionate suspensions, unduly harsh disciplinary charges, and possible criminal reprecussions that children can face as a result of school discipline. Sometimes the discipline a student received was due to a studen'ts disability of which the school failed to document. Sometimes public and private schools failed to provide a special needs student with the resources that he or she required, such as an Individualized Education Program (IEP). A lawyer can help you address these issues. Long Island students facing suspension have rights and parents should consult an attorney before going forward with a school suspension hearing: 

 

When social media messages are considered threats by students, school suspensions.

For Parents - A Painful Case: Do Parents Need Lawyers for School Disciplinary Hearings?

       "...an administrator discouraged  him from bringing an attorney to the hearing.

A lawyer, the administrator  said, would make the proceeding

unnecessarily confrontational.  Instead, it was a disaster...".

Long Island School

Suspension Attorney

 

Has your child been suspended from school? Did you have a notice hand-delivered to you from the school district? Has a superintendent's hearing been scheduled for your child? Your family has certain constitutional and due process rights before the school can suspend your child for more than five (5) days. Often times these cases have serious criminal implications and may directly coincide with criminal charges where the school district and district attorney are both alleging the same conduct that resulted in a school suspension. These allegations are serious and can seriously alter your child's future and chances for success when applying to colleges or entering the workforce.

 

Call the Law Offices of Cory H. Morris: 631-450-2515 (New York) | (954) 998-2918  (Florida).

Society is becoming increasing punitive and some are hypervigilant as to threats, violence and misconduct perpetrated by students. "Zero Tolerance" policies may result in unfair consequences, including expulsion from school and/or being restricted from certain school activities, such as participation in sport teams or attending prom. Some refer to this as the School to Prison Pipeline. Does your child need representation? School discipline and punishment can be stigmatizing and carry with it life long consequences that should be addressed immediately.

 

Trained in both Psychology and the Law, Mr. Morris can help you navigate these issues and address the needs of your child. As a former liason for the Center for Restorative Practices, Mr. Morris promotes the use of restorative practices in such cases to address the harm of social problems (i.e. drugs, alcohol, mental abuse) rather than ignore it. This can be  an effective alternative way to address  harms inflicted on people and communities before, during, and after a crime. Mr. Morris is also familiar with many alternatives to incarceration, building empathy and understanding among victims and offenders. Such alternatives can make the difference of a child being expelled or continuing in school, attending graduation and/or removing the stigma of a mark on a student's permanent record. 

 

If you are a teacher facing misconduct or termination charges, call the office today. These charges are serious and carry with them the direst of consequences. Hiring an advocate can help you fight these charges or mitigate the losses suffered therefrom.

YOUR RIGHT TO A FAIR HEARING

     (In New York State, as per the New York Civil Liberties Union)

 

You are guaranteed a fair hearing before you can be suspended for more than 5 school days. You do not have to request this hearing.

 

The hearing will be conducted by an employee of the school district. If you believe that the officer cannot make a fair assessment, for instance if he or she is related to someone involved with your case, you should contact an attorney or your local NYCLU chapter.

 

At the hearing you have the following four rights. Be familiar with them so you can protect yourself.

 

  • The Right to Counsel: You have the right to be represented at the hearing, by a lawyer, a parent or relative, or another person you trust. There may be organizations in your area that will provide free representation. Check with local law schools to see if they offer representation.

  • : You have the right to present your side of the story by testifying and/or by calling witnesses on your behalf. You also have the right, in most cases, to question the school’s witnesses, or have your attorney or parent do so. In addition, friends, neighbors, coaches, employers The Right to Present Evidence and Question Witnessesand others may write letters to the hearing officer, to demonstrate that you are a good member of your community.

  • : You have the right to remain silent—the school cannot force you to testify or answer questions. If the incident that The Right to Remain Silentlead to your suspension hearing also lead to criminal charges, you should discuss this with your defense attorney. Remember: anything you say in your hearing can be used against you later in the criminal matter.

  • Adjournments: If you know you cannot attend the hearing on the proposed date, you should ask for an adjournment right away. This means that a later date will be chosen. If the school has suspended you before your hearing and you request an adjournment, you do not have the right to go back to school while awaiting your hearing.

 

If you are facing criminal charges from the same event as your school suspension, you may want to request an adjournment until after the criminal matter has been resolved.

 

Discuss this with an attorney. 

Call the Law Offices of Cory H. Morris: 631-450-2515 (New York) | (954) 998-2918  (Florida).

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