Juvenile Offenses relate to “criminal acts” committed by individuals under the age of 16. These offenses are usually handled in the Family Court and follow rules and guidelines different from those in the Criminal Court (District and County Court).
School Superindendent Hearings
Charges and Offenses occurring at, on or related to schools and school functions:
New York State Education Law, Section 3214 dictates that:
The board of education, board of trustees or sole trustee, the superintendent of schools, district superintendent of schools or principal of a school may suspend a pupil who is insubordinate or disorderly or violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others.
The terms and period of suspension is controlled by the same section of NY Law:
… may suspend a pupil for a period not to exceed five school days. In the case of such a suspension, the suspending authority shall provide the pupil with notice of the charged misconduct. If the pupil denies the misconduct, the suspending authority shall provide an explanation of the basis for the suspension. The pupil and the person in parental relation to the pupil shall, on request, be given an opportunity for an informal conference with the principal at which the pupil and/or person in parental relation shall be authorized to present the pupil’s version of the event and to ask questions of the complaining witnesses. The aforesaid notice and opportunity for an informal conference shall take place prior to suspension of the pupil unless the pupil’s presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, in which case the pupil’s notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable.
And a hearing may/must be held for suspensions over five days in length:
No pupil may be suspended for a period in excess of five school days unless such pupil and the person in parental relation to such pupil shall have had an opportunity for a fair hearing, upon reasonable notice, at which such pupil shall have the right of representation by counsel, with the right to question witnesses against such pupil and to present witnesses and other evidence on his behalf.
If the student has an identifiable disability or special need, notwithstanding the decision on the initial hearing, an additional hearing must/may be held to determine if the disability has any relation or nexis to the proscribed behavior.
The Law Office of Craig E. McElwee handles all matters involving Juvenile & School Offenses
Your initial consultation, up to 90 minutes, is always free.