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A Guidebook to Student Suspensions

Dear Parent and Students:

The Buffalo Federation of Neighborhood Centers’ Youth Advocacy Program (YAP) wants to help you and your child to accomplish great things. In order to do this, we believe it is important for students to spend as much time in the classroom as possible.

Student suspensions can take away from this time.

That’s why we have provided the following handbook to help you with the suspension process. The handbook will define the different types of suspensions. It also explains your rights under New York State School Law.

Our BFNC Youth Advocacy staff is available to answer any questions you might have about suspensions. We want to make the process as easy as possible. Most importantly, we want to make sure your child returns to school in a timely fashion.

We encourage you to review this guide for direction. Feel free to call us at 853-0600 with any questions you may have.

Sincerely,
BFNC Youth Advocacy Program
E. Greenard Poles, Director

Suspension Tips for Parents
The Most Frequently Asked Questions Regarding Suspension
Suspension Definitions and Your Student's Rights

Suspension Tips for Parents

If your child is ever scheduled for a formal hearing, BFNC advocates offer these suggestions to make the experience easier.

  • Immediately contact your child’s school and request to review his/her file. Also, make a copy of any teacher’s statements about the charge at hand.
  • Ask your child to write out exactly what happened as soon as possible. You’ll avoid relying on memory, and will have a good record of the details. If your child is too young to write, let him tell you his side of the story, and write it out for him.
  • If your child can identify any witnesses, make an effort to contact them prior to the hearing.
  • Contact the Youth Advocacy Program to request representation at 853-0600.
  • Allow two hours for the hearing process. Try to arrive at least 20 minutes early to discuss the case with your advocate.
  • Please be civil.
  • Please approach the hearing with an open mind.



The Most Frequently Asked Questions Regarding Suspension

What happens if a student is suspended for more than five days, without a hearing?
A student suspended for more than five days without a hearing may request a return to school from the principal’s or superintendent’s office.

May a student’s suspension be revoked?
Yes, suspension may be revoked whenever it appears to be in the best interest of the school and student.

What are school district’s responsibilities after a student has been suspended?
Education law requires that alternative education be provided to students under the age of 16 so they can complete their course work.

What is in-school suspension?
In-school suspension is the temporary removal of a student from the classroom to an area designated for such a suspension.

May a district suspend a student from school transportation?
Yes, however, if it interferes with school attendance, alternative arrangements must be provided by the parent or guardian.

May a district suspend a student from extra curricular activities (e.g. sports, clubs, prom & graduation ceremonies)?
Yes, such decisions are made during the hearing process.

Note: Any person between the ages of five and twenty-one years, who has not received a high school diploma, is entitled to attend public schools in the school district in which he or she resides.



Suspension Definitions and Your Student's Rights

sus.pen.sion n. = is the forced exclusion of a student from school for behavior which is insubordinate, disorderly or which endangers the safety, morals, health or welfare of school personnel or students.

There are two types of school suspensions:

  • A Principal’s Suspension
  • A Superintendent’s Suspension

A Principal’s Suspension

Can only be imposed by the principal or designated acting principal. Before a student is suspended, he/she must be given the reasons and opportunity to explain his/her side of the story. A Principal’s suspension can not exceed five (5) days!

The school district must notify the child’s parents of the reasons for suspension. Parents must be given the opportunity for an informal conference. The student may bring a third party or advocate to such a conference.

A Superintendent’s Suspension

A Superintendent’s suspension is more serious than a Principal’s suspension. Students may be excluded for more than five days and the suspension may result in expulsion.

  • In the case of a superintendent’s suspension, the student and his/her parents must be given adequate written notice of the hearing and an opportunity to respond. At the hearing, the student has the right to representation by legal counsel or an advocate. The student has the right to call witnesses and to present evidence.
  • The Superintendent may designate a hearing officer.
  • The hearing officer has subpoena power. He or she can require witnesses, etc. to appear at the hearing.
  • The hearing officer makes findings of fact. He or she recommends the appropriate measure of discipline, if any. The superintendent has the right to accept or reject the hearing officer’s findings.
  • If the student is subject to a criminal investigation, he/she may request an adjournment of the suspension hearing to preserve his/her right against self-incrimination.
  • No student may be suspended for more than five days unless the student and parents are given the opportunity for a fair hearing. At the hearing, the school must show by competent and substantial evidence that the student in fact engaged in the alleged behavior.
  • The Superintendent may not transfer students automatically. Transfers must be based on the educational needs of the student, rather than behavioral issues.
  • If you are dissatisfied with the decision of the superintendent, you may appeal to the Board of Education.

Other Definitions You Should Know

Automatic Suspensions (or Expulsion): Pupils found to have brought firearms to school may be suspended for one school year.

In-School Suspension:S tudents remain in school segregated from others. Such disciplinary steps do not require a hearing. If needed, students and parents are given reasons and the opportunity for discussion regarding conduct and resulting action.

Truancy Suspension: Students can not be suspended for truancy, but a poor attendance record may form the basis for suspension after repeated warnings.

Suspension Off School Grounds: Students may be suspended if found to be endangering the safety, morals, health and welfare of others on the way to or from school.