FAQs
What does SRP do?
SRP represents students at Superintendent's Suspension Hearings. SRP advocates can help you prepare your defense, represent you at the hearing, and uphold your rights while in the hearing.
What are my child’s rights?
Students who receive a Superintendent's Suspension have the right to a suspension hearing. At the suspension hearing, a hearing officer will determine whether the suspension will be upheld and if so, the length of time the student may be kept out of her regular school. You have the right to bring an advocate to the suspension hearing. Suspended students also have the right to postpone their case to give them time to find representation.
How do I know what type of suspension my child has been given?
There are two kinds of school suspensions. Principal’s suspensions last five days or fewer. Superintendent's suspensions last longer than five days and give the student the right to a suspension hearing. If you received a Suspension Notice from the New York City Department of Education in the mail, your child has received a Superintendent's suspension.
How will a suspension impact my child?
Superintendent's suspensions may severely impact a student’s education. They prevent the student from attending their regular classes and they are noted on a student’s record. Depending on various factors, a suspension may remain on a student’s record permanently or until the end of the school year.
What is the suspension hearing process like?
The hearing is conducted by a lawyer employed by the Department of Education known as a hearing officer. An optional pre-hearing conference may precede the hearing. During the fact-finding stage of the hearing, the school presents its evidence of the student’s conduct and the student has the opportunity to question that evidence and present opposing evidence. During the dispositional phase of the hearing, the student has the opportunity to argue why a suspension is not necessary or useful. [please see Hearing Overview page for more information]
My Child receives special education services. Does this change anything?
Yes. Students who receive special education services have the right to more procedural protections that may lessen the length of suspension. Even if a suspension is upheld, students with special education needs have the right to a separate Manifestation Determination Review hearing. [please see Hearing Overview page for more information]
My child has a criminal case. Does this change anything?
If the student has an active case in Criminal Court, contact their defense attorney. If the student’s case is in Family Court, contact us for a referral.
If the student is also facing criminal or juvenile delinquency charges, they should not testify at the suspension hearing. Whatever the student says in the suspension hearing may be used against them in a criminal or juvenile delinquency case.
My child has a family court case. Does this change anything?
Yes. Please contact us for a referral. Because you and your child’s statements are on the record during a hearing they can be used by a court if your child’s incident at school happens to be related to the pending family court case in any way.
Does my child need representation?
You are not required to bring an advocate to the hearing; however, we strongly encourage you to obtain representation to give you the best chance of winning your child’s case. During the 2021-2022 school year, SRP advocates obtained dismissals or reductions in suspension days in more than half of all cases.
How will Covid-19 affect the way suspension hearings are conducted?
Please see our current Covid protocols on our home page.
Does SRP charge any fees?
All SRP services are free of charge.