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In November 2022, a ninth grader in Hudson Falls, a village in Washington County, was suspended for five school days for sharing song lyrics. Her parents appealed all the way to the New York State Commissioner of Education. In May 2023 the Commissioner ordered the suspension erased from her record, because the school had skipped a step the law requires. That step, and the others around it, are what this article is about.
Who has to be in school
New York's compulsory education law, Education Law section 3205, requires a child who turns 6 on or before December 1 to start school that September. A student who turns 16 during the school year must stay until the end of that year. The law lets a district raise the age to 17, and in those districts attendance is required through the end of the year the student turns 17.
Ask your district which age applies to you.
Short and long suspensions follow different rules
The U.S. Supreme Court set the floor in Goss v. Lopez (1975): before a suspension of 10 days or less, a student must be told the charges and get a chance to tell their side. New York, under Education Law section 3214, gives more.
For a suspension of five days or less, the principal must send written notice to the student and parents with the reason and their right to an immediate informal conference, meaning a meeting with the principal where you tell your version and question the people who complained. The notice must arrive within 24 hours, by hand delivery, express mail, or something equally reliable. Regular mail is not enough. The conference comes before the suspension starts, unless the student's presence is a continuing danger.
That is exactly what went wrong in Hudson Falls. The principal's letter said 'I have suspended your child' before any proper notice went out, and the Commissioner held that deciding first and notifying later defeats the purpose of the rule.
A suspension longer than five days needs a superintendent's hearing, a formal hearing on the charges, usually before a hearing officer. Families may bring a lawyer, and a student's past discipline record can be used only to set the penalty after a finding of guilt.
Bullying: the Dignity for All Students Act
New York's anti-bullying law is the Dignity for All Students Act, or Dignity Act, which took effect July 1, 2012. It covers public school students on school property, on a school bus, and at school functions, and it names protected traits including race, weight, national origin, religion, disability, sexual orientation, gender identity, and sex.
Every district's code of conduct must include Dignity Act language, and schools must collect and report data on serious incidents of discrimination, harassment, and bullying. If you report bullying, ask the school for a copy of its code of conduct and its written process for reports.
How to push back, step by step
For a short suspension, ask for the informal conference right away, in writing. You are allowed to. For a longer one, ask for the hearing date and bring someone with you.
If the district's decision stands, families usually appeal first to the superintendent and then to the board of education. After that, Education Law section 310 lets you appeal to the Commissioner of Education, and the Office of Counsel at counsel.nysed.gov publishes instructions, sample forms, and a Spanish version. For Dignity Act questions, the State Education Department's Student Support Services office is at (518) 486-6090 or SSEC@nysed.gov.
Lembre-se disto
- In New York, school is required from age 6 until the end of the school year you turn 16, or 17 in districts that raise the age.
- Before a suspension of five days or less, your family gets written notice within 24 hours and a right to an informal conference with the principal.
- A suspension longer than five days requires a superintendent's hearing on the charges before the penalty is set.
- The Dignity Act covers bullying on school property, buses, and events, and families can appeal school decisions to the state Commissioner of Education.
Fontes
- New York State Education Department: The Dignity for All Students Act (abre em uma nova aba)
- New York State Education Department: Amendment to the Education Law in relation to compulsory attendance (abre em uma nova aba)
- NYSED Office of Counsel: Decision No. 18,271, Appeal of D.B. and S.B. (Hudson Falls, 2023) (abre em uma nova aba)
- Cornell Legal Information Institute: Goss v. Lopez (1975) (abre em uma nova aba)
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