Legal Question in Education Law in New York

Suspended when innocent

My son was suspended from school for 5 days for allegedly threatening to kill the teacher. I know my son is innocent because I talked to several students who were present when the teacher was screaming at him. The students claim my son didn't threaten the teacher, but the teacher did ''flip out'' on my son. Today I ran into one of my son's classmtes from that class and even though he doesn't like me son, he said my son didn't threaten the teacher in anyway. Tomorrow I am going to a superintendent meeting. I have five letters from students stating my son never threatened the teacher. If we lose at this hearing can I take this case to court and have something done about the teacher who lied and the class administrator who never investigated the incident. What can I do?


Asked on 9/18/05, 8:05 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Suspended when innocent

Once you have exhausted your administrative remedies, (appeal to the Superintendent, Hearing and decision), you can go to court and bring an Article 78 proceeding to review the Superintendent's decision. You will have to prove that the Superintendent was arbitrary or capricious.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns.

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Answered on 9/18/05, 10:32 pm


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