Legal Question in Education Law in New York

Suspension pending hearing for knife possession

My child has been bullied in his class every day for several weeks.. The bulling included pushing and shoving, and punches in the stomach. The last straw was choking in which my chid called me right after the incident to say he was frightened. I had , at first, informed the teacher of what was going on. I also informed her the next day and the day after that. Finally, on the day that the bully put his hands around my son's neck, I called the principal and threatened o call the police and file assault charges. The principal quickly responded , caught the bully and a friend on video surveillance assaulting my child and both received 5 day suspension. After the 5 days, the bully retaliated with demanding to fight my son at a school yard several hours after school. My son's friend, wanting to protect him, went to the school yard to confront the bully and was met with over 30 kids. My son's friend was pounced on by a bigger kid who held him down while the bully attacked him. My son felt threatened and frightened by the unruly mob and took out a pocket knife for defense to back up the kids that were about to attack. The next day, my son received 5 day suspension and a superintendents hearing. Do I need a lwyer?


Asked on 10/03/07, 12:01 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Suspension pending hearing for knife possession

Do you mean that you have been notified of a date for a Hearing? Or has it happened already and the suspension is the result? It sounds like the hearing is still in the future. Under the circumstances you should retain an attorney to represent your son at the hearing.Were any other children also suspended?

If you wish to discuss this matter with me, contact my office.

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Answered on 10/03/07, 12:06 pm


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