New York High School Student Defense

As the parent of a high school student in New York, you know first-hand the challenges your student faces on a daily basis, whether it's tackling the more rigorous educational requirements high schoolers face, navigating the sometimes-harsh high school social environment, or exploring more of the world around them as they gain more freedom on the road to adulthood. As anyone who has gone through the experience can tell you, how well you do in high school – both academically and socially – can have a tremendous impact on your future.

We all know that not every high school experience is a positive one. Every one of us has had those kinds of “down” days, whether caused by a poor test result, a bad performance on the athletic field, or an encounter with another student that didn't go the way we wanted it to. Sometimes, however, a bad day can result in an allegation that your child has committed some kind of misconduct – in some cases, serious enough that it potentially can damage their high school career and their future. In those cases, the Lento Law Firm Student Defense Team can defend your child throughout the school's investigation and disciplinary process, protecting your student's rights under New York and federal law. Call us at 888.535.3686 or use our contact form to set up a confidential consultation to learn more about how we can help.

The New York Educational System

In New York State, each public school district is required by law to have a code of conduct for students that meets certain statutory and regulatory requirements. In particular, school codes of conduct must include the following provisions:

Requirements for appropriate and inappropriate student “conduct, dress, and language”
What's expected of students when it comes to acceptable “civil and respectful treatment” of teachers and other school personnel
Disciplinary measures that can be imposed for various types of conduct code violations
The roles that teachers, administrators, and parents play in the conduct process
Measures to “assure security and safety” of students and others present at school
Procedures for removing students who violate the code from school property or events
Specific disciplinary measures for violations involving illegal substances, weapons, violence or threats of violence, vandalism, and civil rights violations
Policies relating to the “detention, suspension and removal” of students for misconduct
Procedures for reporting, investigating, and ruling on misconduct allegations; for reporting serious misconduct to law enforcement; and for notifying parents when misconduct allegations have been made

Because public high schools in New York receive funding from the federal government, many of their disciplinary requirements must also meet applicable federal standards, for example, those relating to so-called “Title IX” requirements for protecting students against sexual discrimination and harassment, “Title IV” protections against racial, sexual, and religious discrimination, and various laws that protect the educational rights of students with disabilities.

School districts are, of course, free to address other student conduct issues in their codes of conduct, provided they meet the requirements of both New York and federal law. For example, while New York law may not specifically require schools to prohibit cheating or plagiarism, that topic is covered in every code of conduct the Lento Law Firm Student Defense Team has encountered in New York (and elsewhere).

Academic Misconduct

Academic misconduct covers a range of actions and typically will include:

Copying from another student, either during a test or from homework
Plagiarism, which, for example, New York City Public Schools define as “appropriating another's work and using at one's own for credit without the required citation and attribution”
Colluding, which is when a student or students work with others on a test or assignment without permission
Unauthorized use of artificial intelligence to provide content that is submitted as the student's own

School codes of conduct typically treat academic misconduct as one of the less serious forms of student misconduct, and the disciplinary consequences are usually not as severe as they are for other types of misconduct. At schools in the Buffalo school district, for example, “Academic Dishonesty” can be managed by the teacher at the classroom level (a “Level 1” response), at the school administrator level (“Level 2), or with a short term suspension (“Level 3”). In New York City schools, “scholastic dishonesty” is called a “Level 3 Infraction,” and can result in a range of disciplinary responses ranging from a student-teacher meeting, to a conference with parents, to excluding the student from activities, to suspension.

Even though, in many cases, the disciplinary consequences of an allegation of academic misconduct aren't severe, the potential long-term problems if these kinds of allegations continue can be. When discipline reaches the point where it will be reflected on your student's record – for example, where the allegation results in a “zero” on a test or an assignment – or where your student risks being suspended from school, an experienced student-defense attorney from the Lento Law Firm can help you protect your child's rights.

Students will frequently be punished for academic misconduct, even in situations where the school's evidence for academic misconduct is slim. Artificial intelligence is one area where so-called “AI Detection Programs” frequently make mistakes and confuse student-created writing for content created by an artificial intelligence tool. Our experienced lawyers will go to bat for your child, protecting their rights and their future in the face of serious academic misconduct allegations.

Non-Academic Disciplinary Misconduct

The main focus of school disciplinary codes is on “non-academic” conduct – physical student conduct that New York law requires schools to regulate, whether that conduct involves only the student themselves (such as in cases where a student is accused of being intoxicated or under the influence of drugs while at school, or of vandalizing school property), or it involves other students or school personnel (such as when a student is accused of fighting or harassment). These situations can be very serious, and consequences can end up on your child's permanent academic record and can affect college admission and future job decisions.

Examples of the kinds of non-academic behavior New York schools address with their student conduct codes are:

Substance abuse. Students accused of using or being under the influence of alcohol or drugs while at school, or of providing alcohol or drugs to other students, can face serious disciplinary charges from their schools. The White Plains Public Schools, for example, prohibit “possessing, consuming, selling, distributing, or exchanging” alcohol or illegal drugs, as well as “inappropriately” using or sharing prescription drugs.
Violence. Schools are becoming much stricter when it comes to disciplining students for violent behavior, which can include everything from threats of violence to physical attacks. A locker-room scuffle between two students after an altercation during basketball practice can end up with both of them facing serious discipline.
Weapons possession. Schools increasingly take a hard line when a student is accused of bringing a weapon to campus – even in a situation where it's done accidentally, for example, where a student isn't aware that a weapon was in the trunk of a car that they drove to school. The Syosset School District considers on-campus weapon possession to be “conduct that is violent” and disciplines students accordingly.
Bullying and Hazing. Schools are also taking acts like bullying, taunting, and hazing more seriously than they did in the past and will readily discipline students accused of any of those types of misconduct. The Syracuse City School District will discipline students found to have committed bullying – “verbal, physical and electronic” – in a number of ways depending on the severity of the case, including seeking their “long-term or permanent suspension.” And hazing – defined as “humiliating or dangerous activity expected of a student to join a group or be accepted by a formal or informal group” – is also prohibited by Schenectady City Schools and other school districts across the state.

The ability of a school to discipline a student isn't limited to specific, listed types of conduct, however. Schools regularly reserve the right to discipline students for behavior that a teacher or school administrator believes is interfering with the school's ability to provide education and extracurricular opportunities for its students. The problem with this is that different students can find themselves disciplined differently depending on the situation. This lack of consistency makes it difficult for students to understand when their behavior crosses the line into misconduct, and this is where the Lento Law Firm Student Defense Team can help. We will fight for your student's right to fair discipline.

It's also important to note that school conduct codes don't just apply to school property. New York law says they must also apply “in or on a school bus” and at school-sponsored or school-authorized functions, no matter where they take place. Many school districts extend the scope of the school conduct code further, to any behavior that occurs anywhere when that behavior endangers student or school employee safety. This can include, for example, behavior that may take place at home where a student is accused of committing online harassment or making online threats against another student or a faculty member.

Students have a right to attend a school where the disciplinary process is fair and consistent and isn't up to the whims of one teacher or administrator. Many school officials assume that when they discipline a student, the student, and the parents will simply accept the consequence without question. This can lead to situations where even more students are being disciplined unfairly.

Unfair discipline can take several forms:

Creating misconduct offenses out of behavior that isn't specifically prohibited and doesn't disrupt the learning process
Singling out a student for discipline while accepting similar behavior from others
Imposing different consequences on different students for the same types of misconduct
Punishing a student more severely than what the school's code of conduct allows
Ignoring or short-cutting the school's own code of conduct procedures

This is why it's important to assert a strong defense in a situation where your child is being unfairly accused of misconduct, or unfairly disciplined for behavior that isn't really misconduct. Not only will it help your child, but school officials may also think twice before trying to unfairly discipline someone else in the future. The Lento Law Firm Student Defense Team understands the school disciplinary process, your child's rights under New York and federal law, and how to vigorously require the school to respect its own rules, the law, and your child's rights.

Sexual Misconduct

Allegations of sexual misconduct can be devastating. School disciplinary policies in New York must take into account both New York and federal laws protecting all students from sexual offenses. Federal Title IX laws require schools to use certain procedures to investigate claims of sexual misconduct, which can include not only sexual assault but verbal harassment as well.

This can be a particular problem in high school situations, where students are still learning to understand the behavior that is expected of them as they mature into adults. What one student perceives as good-natured banter might be construed by the target of that banter as sexual harassment. And while schools have an obligation to protect against sexual harassment, they also need to be able to distinguish when banter has crossed the line.

Busy school administrators don't always have the time, training, or inclination to properly investigate even obvious cases of sexual assault, let alone more nuanced situations where a student is accused of verbally harassing another student. In addition, following the investigation and disciplinary procedures required by Title IX and other laws can be complicated. All of this means that in many school sexual misconduct disciplinary situations, there is a lot of room for error and for the process to be extremely unfair to the accused student. This is why if your child is accused of serious misconduct at school, including sexual misconduct, you need the help of one of the experienced attorneys from the Lento Law Firm Student Defense Team. We understand the complexities of a sexual misconduct investigation and will fiercely fight to make sure your child's school follows the correct process in a way that is fair to your child and respects their rights.

Academic Progression

Another area that can be related to discipline, but can also be a separate area of concern, is when it comes time for a student to move on to the next grade level. In some cases, teachers will unfairly decide to refuse to promote a student, claiming that the student isn't academically ready for the next grade's challenges.

Being held back a grade, especially at the high school level, can be devastating for any student, especially when it comes without warning or is unfairly decided. The problem is that in some cases, the student has learned the material but has failed to show that learning on the tests that were used to arrive at the child's grade for the class. In fact, many educators know that tests aren't always the best way for every student to show what they've learned. A student may have a strong understanding of the course material and still do poorly on a test for a number of reasons, such as

Socioeconomic background
Racial or ethnic bias in the testing material
The ability of that student's teacher to understand that learning can be reflected in a variety of ways
Being disciplined, particularly in cases where the discipline was unfairly administered by the school

It can be emotionally and psychologically challenging for a high school-age student to be removed from their classmates and required to repeat a grade. And while many schools recognize this and will go out of their way to make sure that doesn't happen, other schools don't. This is why it's important to pay close attention to your child's progress throughout the year and not just at report card time. Our experienced attorneys regularly represent parents and students in situations where a teacher is treating the student unfairly, and it's that treatment – not the student's capabilities – that is the main cause of a poor grade. Getting into a good college can be extremely competitive, and a single bad grade can make all the difference between an acceptance and a rejection.

The Lento Law Firm Student Defense Team can help with academic issues in a number of ways. We will:

Help encourage your child's teachers to treat them fairly in class
Work with the school and teachers so that they use teaching strategies that will help your child learn
Review academic records and challenge biased or unfair comments that may appear regarding your child
Advise your child's school about how outside factors – such as socioeconomic or cultural background – can influence how your child learns
Do our best to make sure your child receives every opportunity to show their knowledge and succeed in school

But it's important to understand that the key to helping your child is to stay on top of their progress so that you can spot any problems that arise quickly and deal with them before your child is labeled as “unintelligent” or “lazy” by teachers or administrators.

Sanctions

Many New York school districts have “tiered” levels of potential sanctions that can apply to different types of misconduct. In most cases, there may be a number of sanctions that can be used as a consequence for each type of misconduct, though for the most serious types of misconduct, there may be some mandatory consequences that the school must impose.

Some school districts use a “leveled” approach to disciplinary sanctions, with lower levels applying to the less serious types of misconduct and the sanctions increasing through the higher levels as the misconduct becomes more serious. Others use a list of potential consequences, ranging in order from the least severe to the most. Because each New York school district can create its own code of conduct, there are many different ways that schools can decide how to respond to student misconduct.

Generally speaking, however, potential consequences can include the following:

Verbal warning – this is the typical in-class response from a teacher when a student is disruptive, late for class, or commits some other minor form of misconduct
Parental warning – notifying a parent that their child has violated a minor school policy; this might be a verbal warning or, in more serious cases, a written one
Removal from the classroom – a more serious sanction that may also require the parent to be notified
Detention – depending on the school, this could take place in a number of ways (after school, during school, at lunch, etc.)
Suspension from extracurricular activities – the student is not allowed to participate in clubs, organizations, student concerts or plays, or athletic or academic competitions
In-school suspension – where the student is not allowed to attend class but must attend school
Suspension – this can be short- or long-term, and the student is not permitted on the school campus or at school-sponsored events during the suspension period
Expulsion – the most serious penalty, typically considered permanent

Many school districts will employ a range of other consequences that attempt to use positive or teaching strategies to help students improve their behavior. These may include peer meetings, referrals to school counselors or mental health professionals, assignments to skill-building programs to help the student learn and practice constructive behaviors and the like.

The more serious consequences – such as in-school and regular suspension, transfer to another schooling situation, or expulsion – will not happen without a conference or a hearing. Any Title IX misconduct allegations must follow the hearing requirements imposed by federal law. These and any other types of procedures will be described in the school district's code of conduct.

There are typically two separate aspects to any serious disciplinary situation. The first is the investigation of the misconduct allegation. The investigation is typically conducted by a school administrator, which means that the quality can vary widely. It's not unusual for investigations to be less than thorough and for evidence that helps the accused student to be missed or ignored. The Lento Law Firm Student Defense Team will often conduct a separate investigation of the misconduct allegations against our client. We'll interview witnesses that the school's investigation missed and will collect other evidence that we can use in any disciplinary conferences or hearings with the school. When appropriate, we can bring our findings to the attention of school officials so that they can reconsider the discipline they intend for your child.

Firearms Sanctions

New York has implemented the strict requirements of the Federal Gun-Free Schools Act of 1994, and a student who has a firearm on school property will be suspended for a minimum of one calendar year. Students are entitled to a hearing before being suspended, and any suspension can be modified by the district's superintendent of schools or another designated official on a “case-by-case” basis.

Disciplinary Conferences and Hearings

In cases where the school intends to suspend a student for five school days or less, the student is entitled to an “informal conference” with the school's principal. Before this happens, the school must provide a written notice that describes what the student did and when, and what penalty the school intends to impose. The informal conference is not a hearing, and while the law does not specifically permit the student to be represented by an attorney at the conference, it doesn't forbid it either.

If the school does not allow an attorney to be present, your attorney will be able to prepare you and your child for the conference. At the informal conference, the student will have an opportunity to tell their side of the event and to question complaining witnesses, and may also speak with school officials about the proposed penalty. It's important to note that an informal conference will only happen if the student or parent asks for one.

If the suspension is to be for longer than five school days, the student is entitled to a formal hearing (called a “fair hearing”) and is specifically permitted to have an attorney represent them. At the hearing, the student (or their attorney) will have the right to question witnesses and present their own witnesses and evidence in their defense. If the hearing results in a recommendation that the student be suspended, and the school district or board of education accepts the recommendation, the student will be entitled to appeal it. Appeals are made to the local board of education, where the district suspends the student, or to New York's Commissioner of Education in cases where the local board of education suspends the student.

In any serious misconduct situation where suspension is a possible consequence, the Lento Law Firm Student Defense Team can often negotiate with school officials, based on the school's evidence as well as information that the school failed to gather or consider, to modify the proposed penalty to something considerably less. In some situations, our attorneys may be able to use the evidence we've gathered on behalf of our student client to show them why the misconduct allegations should be dropped altogether.

Even if your child is suspended or expelled from school, your child still has the same rights as other children to a free public education. Students who have been suspended and are required by New York law to attend school (up through age 16) will receive alternative instruction during their suspension period. Students suspended during state tests or Regents examinations have a right to take those tests even while suspended. Students age 17 and older may or may not receive instruction while they're suspended; the Lento Law Firm Student Defense Team can discuss the situation with your child's school in cases where the school is reluctant to provide alternative instruction to your child, no matter what their age.

Note that there are special provisions in place when a student with a disability is facing discipline or has been suspended for more than ten days. The Lento Law Firm Student Defense Team can help you understand the disciplinary procedures that apply to students with disabilities, and our experienced attorneys are ready to protect your child's rights and defend them in these types of disciplinary proceedings as well.

Defending Your Child

When you learn that your child has been accused of misconduct, particularly serious misconduct, you may feel torn. Should you believe your child's teacher or other school official who contacts you about the misconduct? Or should you believe your child, who may be vigorously denying the allegations?

The Lento Law Firm Student Defense Team has seen too many situations where school officials have been quick to accuse a student of misconduct based on an allegation supported by little or no evidence. We've seen schools fail to investigate misconduct claims, or to do a poor job of investigating them. We've seen school officials treat students unfairly or favor some students over others.

When the disciplinary stakes are high – such as when your child is facing suspension or expulsion – you need to take advantage of every opportunity to defend your child. You have a right to question the school, to examine the evidence being used against your child, and to question witnesses who are accusing your child of misconduct. You also have a right to discuss the fairness of your child's treatment with their teacher or other school officials. Where you believe it to be helpful or necessary, you have the right to have an attorney advise you throughout this process.

Many disciplinary cases can be resolved informally through discussion. Begin with your child's teacher, and if that doesn't seem to be working, speak with other school officials, such as your child's guidance counselor, a vice-principal, or the principal. If you still believe the school isn't treating your child fairly, take your concerns to the school district or school board.

In the end, where your concerns aren't addressed, and your child's legal rights are not being respected, you may be able to file a lawsuit that will seek to force the school to do so.

It can be difficult to decide how best to proceed in any particular disciplinary situation involving your child. The Lento Law Firm Student Defense Team has years of experience helping parents of children caught up in serious misconduct proceedings. We will listen to you and to your child and use that information and our experience to provide you with one or more informed options as to how best to proceed. In many cases, there is no one best answer – but there may be several good ones. Being able to rely on our experience to help you choose what you believe is best for you and your child can make all the difference between serious discipline that jeopardizes your child's future and a resolution of the matter that will help both of you sleep better at night.

Why Do You Need an Attorney?

School disciplinary proceedings are governed by laws, rules, and procedures that can vary from one school district to another and, in some cases, can also involve federal laws that give students certain rights during the disciplinary process. But just because a school district has written disciplinary procedures and policies doesn't mean they always follow them. Having one of the experienced attorneys from the Lento Law Firm Student Defense Team by your side will show your child's school that you're serious about protecting your child's rights, and our attorneys will make sure the school pays attention to its own disciplinary requirements.

Our experienced attorneys can help in a number of ways:

We can discuss the situation with school officials and, where appropriate, suggest acceptable consequences that keep your child in school while still respecting the school's need to discipline students
We can meet with investigators and review the evidence they collect, as well as conduct our own investigations to uncover what they miss
At conferences with school officials or disciplinary hearings, we will be your child's zealous advocate. We'll defend them from the allegations, cross-examine the witnesses against them, present evidence in their defense, and argue on their behalf.

The Lento Law Firm Student Defense Team is here to be your guide through what can be a confusing, stressful, and complicated process.

Why Do You Need the Lento Law Firm?

The Lento Law Firm Student Defense Team has helped students all over the country defend themselves against school disciplinary proceedings, including proceedings all across New York. Our experienced attorneys understand the school disciplinary process. These cases aren't the same as court cases; the procedures are different, the legal standards are different, and the opportunities to resolve the matter informally are different.

Furthermore, school disciplinary cases cover special aspects of New York State Education Law, federal law, and local school district policy that most attorneys don't regularly encounter. Our student-defense attorneys have that experience and will use it to help you and your child.

Where Else the Lento Law Firm Can Help

While the focus of this is on disciplinary situations, our experienced attorneys also understand other aspects of education law in New York. These include:

Bullying issues. If your student is being bullied and your school or school district isn't taking the necessary steps to put a stop to it, contact us before things get out of hand. You and your child have rights under New York law, and we can help you enforce those rights.
Disability issues. If you are the parent of a child with a disability, we will help you make sure your local school district is providing all of the services your child is entitled to under New York and federal law.
Athletic eligibility issues. If you are the parent of a high school athlete, we can help you make sure your student stays eligible to compete.
College student issues. We regularly represent college student accused of misconduct by their schools.

The Lento Law Firm is Here for You

When your child is accused of serious misconduct, you need an experienced and effective advocate who understands the laws, regulations, and rules that apply to your child's disciplinary proceeding. The Lento Law Firm Student Defense Team is made up of experienced attorneys who have helped students across New York and the United States protect and defend their right to be treated fairly by their schools.

Contact us at 888.535.3686 or use our online form to schedule a confidential consultation. Tell us about your child's case, and let us tell you how we can help.