Education

In 2005, there were more than 15,000 disciplinary actions that involved superintendent suspensions in the New York City school system. If we add the number of principal suspensions in the system, the total number reached approximately 60,000 last year.

Increasingly, the "zero-tolerance" atmosphere in New York City's public schools has resulted in ever-younger children being removed from their schools for months at a time. When students are given long suspensions, they are sent to “alternative sites” that do not offer appropriate school instruction or educational opportunities. Although parents can appeal both principal and superintendent suspensions, they are often unaware of this avenue, or even if they are, they have difficulty navigating the complex appeal rules.

These students lose valuable education time and re-enter their programs far behind their classmates. The chaotic suspension hearing system often issues unlawfully late decisions, forcing children to serve penalties for charges that are eventually dismissed.

In October 2006, Legal Services NYC began a pro-bono partnership with the law firm of DLA Piper focusing on education issues and student discipline hearings in New York City public schools in order to combat unlawful, excessive and arbitrary removals of students from school.

Associates and partners from the firm represent students in suspension proceedings; co-counsel or independently handle appeals and policy-driven litigation; and prepare reports on due process and other issues that arise during the course of the project. Together, we work on a combination of litigation and advocacy strategies to address the Department of Education's failure to approach student discipline in a manner that minimizes disorder in the schools while protecting student rights.

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