Legal Question in Education Law in New York

school suspension

Daughter was suppnded because of racial slur/ accused of

starting a riot.

At lunch my daughter was sitting at a table where her peers were

at the other end of the same table.

She asked if they could stop banging the table.

They yelled at each other

No teacher or aid helped.

She said ''do all colored people get to do whatever they want and

not get in trouble''

This was said by principle that that was a racial slur. And said she

almost started a riot.

Principle never told her anything about being suspended. My wife

was told by a secretary and she told my daughter.

My daughter told priciple her story and principle did not reply with

any punishment to her.

We were not able to talk with priciple at all until after suspension.

Is this not a violation of the 14th amendment.


Asked on 5/24/04, 11:10 am

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: school suspension

I don't know about the 14th amendment, but NY State Education Law requires the Principal to hold a hearing within five (5) days and give the parent or guardian written notice of the time and place of the hearing.

At the hearing, the Principal or his representative must present the evidence justifying a suspension.

Parents may appeal the suspension, first to the Superintendent and then to the NYS Commissioner of Education.

The letter from the Principal notifying you of your child's suspension should contain this information.

If you don't get a letter, the suspension is probably illegal.

Read more
Answered on 5/24/04, 10:37 pm


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