How Can Juveniles Fight Expulsion After a Criminal Charge in New York?

Getting in trouble at school as a kid can be scary; even a small fight or minor offense can lead to getting suspended or expelled. And if the police get involved, it could even lead to criminal charges. That’s why it’s so important for students and parents to understand their rights and the laws around school discipline in New York.

The good news is that there are options to fight expulsion and avoid the school-to-prison pipeline. With the right legal help and advocacy, many students can stay in school or return to school after resolving their criminal case.

Understanding Suspensions and Expulsions in New York Schools

First, it helps to understand the types of school discipline in New York:

• A principal’s suspension allows the principal to suspend a student for 1-5 days without a hearing.
• A superintendent’s suspension allows the superintendent to suspend a student for longer periods pending a hearing. This is also called a “long-term suspension.”
• Expulsion means getting kicked out of school completely.

Schools have to follow certain procedures and rules around suspensions and expulsions:

• They have to provide notice and evidence of the charges against the student.
• For long-term suspensions, they have to hold a formal hearing where the student can defend themselves.
• Students have a right to bring a lawyer to the hearing.
• Schools must consider alternatives to expulsion.

School discipline policies impact certain groups more than others. Recent data from New York City schools shows that Black and Latino students, students with disabilities, and LGBTQ students are disproportionately suspended and expelled. Advocates refer to this as the “school-to-prison pipeline.”

Fighting Expulsion After a Criminal Charge

If a student gets arrested and faces criminal charges for an incident at school, the school may try to expel them. However, there are legal defenses to avoid expulsion.

First, schools are required to consider alternatives to expulsion, like restorative justice programs. The student’s lawyer can argue that expulsion should be a last resort.

Second, the student can argue that the expulsion hearing should be postponed until after the criminal case is resolved. This prevents self-incrimination in the criminal case. It also allows the full facts to come out at trial. If the student is found not guilty, it can help prevent expulsion.

Third, the student can argue that expulsion is disproportionate to the conduct. This depends on the specific circumstances of the incident. It helps to have witnesses and evidence to dispute the school’s version of events.

Finally, if expelled, the student can appeal the decision to the school board. With legal help, many expulsions are overturned on appeal if proper procedures weren’t followed.

Alternative Programs for Juveniles

For juveniles who do get convicted of a crime related to school violence, alternative programs exist to avoid jail time:

• The school violence education program is a pretrial diversion program that involves counseling and classes about violence prevention.
• Restorative justice programs bring the victim and offender together to repair harms rather than impose punishment.
• Probation allows close monitoring instead of detention. Juveniles must follow court-ordered conditions.

Defense lawyers will advocate for these alternative programs instead of juvenile detention. The goal is rehabilitation, not punishment.

Tips for Parents

Here are some tips for parents if your child gets suspended, expelled, or arrested at school:

• Stay calm and avoid emotionally charged conversations with school officials.
• Document everything – keep records of notices, dates, witnesses, etc.
• Hire an experienced education and/or criminal defense lawyer.
• Request accommodations if your child has a disability.
• Know your rights and your child’s rights.
• Focus on solutions – ask about alternative programs and restorative options.

The school discipline process can seem intimidating. But working closely with your child’s school, while also seeking legal advice, can help achieve a fair outcome that keeps your child on track educationally.