Legal Question in Education Law in New York

Did school violate the law?

I moved from NYC to upstate a few years ago went into a new high school. Got harrassed by staff. My senior year a new assistant principal arrived and it ratched up. Everyday she was trying her best to get me kicked out. She even fabricated a story about how I stole a teachers cell phone. She claimed my house number and my aunts number was on the cell phone bill. 1st off only my father/mother me and my brother have our last name due to a mistake on my fathers birth certificate and the phone number she quoted wasnt right. So she immediately claimed that they found the student who really stole it. Next a friend of mine and another student had a fight I wasnt in it. As I come up the stairs to go into my class the kid who fought my friend hits me I hit him back. School then claims I hit a security guard(where were they when they let the kid hit me). I got expelled. Was supposed to have a hearing with the board to reverse it. The principal called my father and said the meeting was at the school now. It was a trick. He called the cops and had them waiting and charged my father with trespassing. Of course the case was dismissed but they did this so we couldnt reach the meeting. Is there a possibility to sue and who would it be?


Asked on 12/20/04, 3:07 am

2 Answers from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Did school violate the law?

Probably. But, there may be a problem of proving it in a court of law.

If you wish to return to school, and, if this school is your only option, you need to file an appeal of your expulsion with the NY State Commissioner of Education in Albany. Make sure you copy the school board with your correspondence.

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Answered on 12/20/04, 6:50 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Who violated the law?

If you want to know, consult a local attorney with all the documents and paperwork.

You should not be interviewed without your guardian present. But your question isn't clear.

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Answered on 12/20/04, 10:48 am


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