A principal can seek a Superintendent’s Suspension for any Level 3, Level 4 or Level 5 violations listed in the NYC Department of Education’s Discipline Code. A Superintendent’s Suspension may also be sought for repeated Level 2 infractions. Suspensions should only be used in emergency situations, not to punish your child for general bad behavior. Therefore, the complaints against your child must be specific. They must include a time, a date, a place, and a brief but exact description of the incident. Examples of behavior that might rise to the level of a Superintendent’s Suspension include engaging in physically violent or gang-related behavior, possession or use of a controlled substances, theft and arson.
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A superintendent’s suspension may be extended for 6-10 days, 30-90 days, or one year. A student may also be reinstated immediately after the suspension hearing. Students who receive 30-90 day suspensions will receive an automatic review for early reinstatement after 30 or 60 school days. Some students who receive a one-year suspension will be reviewed for early reinstatement after 6 months. General education students over age 17 may also be subject to expulsion.
Students who receive a superintendent’s suspension are entitled to receive alternate instruction during the suspension. They may not be penalized academically during the suspension. They must be provided an opportunity to take examinations and complete required schoolwork. Students are entitled to transportation to the suspension site if they are in special education and have an Individualized Education Program that calls for specialized transportation services. The student’s school must complete a transportation waiver form in order to set up bus service to and from the suspension site.
Superintendent’s suspensions are usually noted on the student’s permanent record, but a hearing officer may order that the suspension be expunged at some fixed point in the future (e.g., after one year, upon graduation, etc.)
A suspension hearing is an administrative proceeding that allows you to challenge your child’s suspension. The hearing must be scheduled within five days of the child’s suspension.
Notice
Parents are entitled to receive immediate written notice that a school is seeking a superintendent’s suspension. The suspension notice should list the charges and the date of the suspension hearing. It should also tell the parent where the child should report for alternate instruction during the days leading up to the hearing. The alternate instruction site must offer a full-day program to elementary and middle school students and a 2-hour program to high school students.
Timing: No more than a day or two should pass between the incident and when the notice of the Superintendent’s Suspension is issued. Because suspensions are supposed to stop "emergency" situations, suspensions are supposed to be immediate. If there was a delay of more than a day or two between the incident and the suspension, argue that it was not "immediate" and that the child was no longer a danger to him/herself or anyone else at the school.
Suspension Packet
Parents may go in person to the school to request a copy of the suspension packet. The suspension packet should contain copies of all witness statements, incident reports and other documentary evidence that the school intends to present at the hearing. It should also contain copies of the student’s report card, attendance records, guidance records and Individualized Education Programs (IEPs), if any.
No Contest Plea by Telephone
A parent may waive the right to a suspension hearing and enter a plea of no contest by telephone or in person. By pleading no contest, the parent is neither admitting nor denying the student’s involvement in the incident, but waives the right to have the charges proved. A parent may want to plead no contest if he/she feels that the school has a strong case against the child or if the parent wants to end the situation quickly. The parent can find out how strong the school’s case is by reviewing the suspension packet, which will have the facts and witness statements relating to the incident.
If a parent pleads no contest the parent gives up the right to have a hearing and cannot present any evidence about the incident. By entering a no contest plea, the parent is also allowing the charges to go on the child’s record. The case will be forwarded to an Early Resolution Counselor, who will decide whether the child should receive an extended suspension.
Pre-Hearing Conference
On the day of the hearing, a representative from the hearing office will hold a pre-hearing conference with the student and the parent. At the conference, the parent must decide how to proceed. There are three options:
Hearing
If a parent believes that the child’s case is a strong one because 1) he or she did not do what the school is accusing him or her of doing or 2) because is or her behavior can be explained, the parent may want to have a hearing. The parent may also want to have a hearing if the school made mistakes in carrying out the child’s suspension.
A parent may request a transfer to a different school as part of a superintendent’s suspension hearing. The Hearing Officer will relay the request for transfer to the Borough Suspension Director, who will decide whether to grant the transfer. If the student receives an extended suspension, any decision about a transfer will be delayed until the end of the suspension period.