If your child gets a superintendent's suspension, there will be a hearing. You can bring a lawyer or advocate. You should not go alone.
"I think it's really necessary to bring somebody who understands how to deal with suspension hearings to a suspension hearing because it is so procedural,” said Jenn Choi, of Jenn Choi Advocates. “You feel very intimidated as soon as you walk into the room, so I would absolutely say, please don't go by yourself."
The groups below represent NYC families at suspension hearings for free. Advocates for Children of New York publishes this list in one of its parent guides. Call as soon as you get the suspension letter. The hearing must happen within five school days.
For what to do before and after a suspension, read Jenn Choi's column.
Free help at suspension hearings
"It's actually really important that the phone is there, because when you're scared, you don't want to email anybody,” said Jenn Choi.
Organization | Phone | Notes |
|---|---|---|
Advocates for Children of New York | (866) 427-6033 | |
Brooklyn Defender Services, Community Office | (646) 971-2722 | Cases with police involvement |
Bronx Defenders, Community Intake | (718) 838-7878 | Cases with police involvement |
Lawyers for Children | (212) 966-6420 | |
Legal Aid Society | (718) 250-4510 or (212) 577-3300 | Cases with police involvement |
Legal Services NYC | Citywide: (917) 661-4500 | Borough lines below |
Mobilization for Justice | (212) 417-3786 | |
Neighborhood Defender Service of Harlem | (212) 876-5500 | Cases with police involvement |
Suspension Representation Project | (212) 998-6753 | Law students represent you |
New York Legal Assistance Group | (212) 613-5000 | |
New York Law School Legal Services | (212) 431-2892, ext. 5 | Law students represent you |
Legal Services NYC borough offices: Bronx (718) 928-3700 · Brooklyn (718) 237-5500 · Queens (347) 592-2200 · Manhattan (646) 442-3100 · Staten Island (718) 233-6480
"Cases with police involvement" means the group takes suspension cases that also involve a juvenile report, a criminal case or the police.
What is a superintendent's suspension?
NYC has two kinds of suspension. A principal's suspension lasts one to five school days. A superintendent's suspension lasts six days or more, and it comes with a hearing.
At the hearing, a hearing officer listens to both sides. The school presents its case. You or your representative can question the school's witnesses and bring your own.
How to appeal a superintendent's suspension
Get the transcript. Ask the Hearing Office for it at the end of the hearing, or call later.
Write a letter to the Chancellor. Use only the evidence from the hearing. Say why the decision is wrong, why the suspension is too long, or where the school skipped a step.
Send it on time. You have 20 school days after the decision letter, or 10 school days after you get the transcript, whichever is later.
Mail it to: DOE Chancellor, c/o The Office of Legal Services, New York City Department of Education, 52 Chambers Street, Room 308, New York, NY 10007.
Follow up. You should hear back within 15 school days. If not, keep calling the Office of Legal Services.
If your child has an IEP
A suspension that keeps your child out of class for more than 10 school days triggers a manifestation determination review. The question is whether the behavior came from the disability, or from an IEP that wasn't followed. Jenn Choi explains what to do.
Source: Advocates for Children of New York, Guide to Defensing Suspended Students, page 9.