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Superintendent's Disciplinary HearingsNew York State Education Law S. 3214A disciplinary hearing can result in serious consequences for any student. If your child's special needs contributed to their behavior, it may not be an issue of discipline but instead an issue of disability. A disciplinary suspension lasting more than five days results in a Superintendend's Hearing. If this hearing involves a child classified with a disability, then a Manifestation hearing must occur to determine if the disability was the cause of the behavior in question. At the Katonah Law Office of Peter D. Hoffman, based in Westchester County, we have handled Superintendent's Hearings for both regular education students and Superintendent's and Manifestation Hearings for children with disabilities. When representing students in disciplinary hearings whether or not they have any special needs, we believe that all children have the right to a fair hearing. The disciplinary hearing process is the same for all students, but when it involves a student with special needs, it involves a few additional steps and requirements under the Individuals with Disabilities Education Act. In addition to a traditional disciplinary hearing, students with special needs are required by law to undergo the following: - Fact Finding Phase: This will determine whether a child is innocent or guilty.
- Manifestation Hearing: This determines whether the child's special needs have caused the conduct.
- Penalty Phase: When a child who has been classified as having special needs is the subject of a hearing, there is an additional step.
Our firm has experience with disciplinary cases involving all types of students. Making our arguments at the Manifestation Hearing in the penalty phase, we will help the hearing officer understand how your child's special needs were a mitigating factor in their conduct. In all education law cases, we make arguments based on science, working with experts from a variety of fields as necessary. We work with various psychologists and other experts that are able to get everything up to speed quickly, because all hearings must occur five days after the suspension. Contact UsIf your child faces a disciplinary hearing, you want to make sure your school district understands the circumstances. You also want to make sure you look for solutions, not punishments. With offices in Westchester County, our attorneys represent families throughout New York. Contact us via e-mail or call us at 914-232-2242 or 888-314-0722 today for more information.
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