What Are My Child’s Legal Rights When He or She is Removed From Class in New York?

"In New York, a teacher has the power and authority to remove a disruptive pupil from the teacher’s classroom consistent with discipline measures contained in the code of conduct adopted by the local board of education. The school authorities of any school district must establish policies and procedures to ensure the provision of continued educational programming and activities for students removed from the classroom. Moreover, a pupil cannot be removed if doing so violates any state or federal law or regulation."

"If your child is removed from his or her classroom, the teacher must apprise both your child and the school principal of the reasons for the removal.161 If the teacher finds that your child’s continued presence in the classroom does not pose a continuing danger to persons or property and does not present an ongoing threat of disruption to the academic process, the teacher must, prior to removing your child from the classroom, provide your child with an explanation of the basis for removal and allow the pupil to informally present the pupil’s version of relevant events."

Read more about the law in New York on class removal and other aspects of education law in our education publication here: https://mayalaw.com/wp-content/uploads/2023/11/Education-Publication.pdf

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Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry and is widely regarded by both clients and legal professionals as a significant honor.

Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law matters in New York as well.

If you have any questions about education law in Connecticut or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.