What is a Superintendent’s Suspension? Part 1
If your child is set to be suspended for a period of longer than five days, it’s called a superintendent's suspension. By law, your student has some due process rights. I recently got a call from a mother whose daughter was accused of shoving someone to the ground. The girl was sent home, and her parents were told the school was seeking a 30 to 60 day superintendent's suspension.
When a student is suspended for a period of over five days, the City has to provide them with an alternate learning environment at another school site, so that the student doesn't miss any school work. The issue, though, is that it can take some time to identify that other school site, which may not be close to the family home. For parents, that translates into a childcare hassle and missed time at work.
This alternate learning environment is where all of the other suspended kids go to serve their time. Different kids come in from different schools, with different age ranges among them. The peer group is essentially a self-selecting rogue’s gallery that fosters a heightened risk of bullying, violence, and distraction. Obviously, not a lot of learning is going to take place.
Fortunately, a superintendent’s suspension comes with a right to a hearing. It's like a miniature bench trial in front of a suspension officer whose job it is to hear these cases. Once you schedule the hearing you're entitled to, and should be provided:
A full copy of the specific charge against your child. These are typically one sentence long;
The evidence that is gathered against them, including video evidence on school security cameras and written copies of notes that kids were passing when appropriate;
Behavioral incident reports and witness statements. Disclosure of witnesses who may have witnessed the incident, such as teachers and school administrators. Administrators can call other students to testify, although it's extremely rare that their parents will allow them to show up, much less be pulled out of school to do so.
Join me next time to learn more about the three different kinds of pleas your child can make at the hearing.
Marc Gottlieb
Partner
195 Montague Street
14th Floor
Brooklyn Heights, NY, 11201
Marc@GottliebFirm.com
(646) 820-8506