Legal Question in Education Law in New York

high school suspension

MY son is a junior in HS. He had left scool and went to Mcdonalds, at lunch time. Apon returning to school he was taken in to the office and searched. This is a right the school said they have to do with anyone leaveing school and return. They found 4 or 5 sheets of rolling papers in his wallet, nothing else. They told me it is considered drug apparatus and he was suspended for 5 days and will require a superintendent hearing when it will be decided if he should serve a longer time or return to school after the 5 days. I fell rlling papers are considered tobacco products. They should not assume that they are being used for drugs. I don't feel that he should have recieve such a long suspension or any at all. Please let me know what the law is. They showed me the student hand book ( I never recieved one) that they feel rolling papers are drug apparatus. I don't agree. When you have cigerettes they are rolled in rolling papers but there not illegal they tell me. Please give me a answer on what to do, I don't want this to be held againist him since it will be placed in his folder.


Asked on 1/31/01, 5:09 pm

1 Answer from Attorneys
Prof. David C. Bloomfield The City University of New York

Re: high school suspension

I believe that just leaving the premises for lunch should not subject your son to a personal search without some specific reason for suspecting he possesses contraband. Second, I do not believe that rolling papers alone are a basis for suspension. The operative document is Chancellor's Regulation A-432 which you can get off the internet at www.nycenet.edu (find Chancellors Regulations in the drop down window and click "go"). You might want to check with Advocates for Children of New York for further advice and/or representation:

Advocates for Children of New York, Inc. 151 West 30th St., 5th Fl. New York, NY 10001 (212) 947-9779

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Answered on 3/15/01, 2:55 pm


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