Know Your Rights

For a superintendent’s suspension, the school must provide physical written notice to the parent within 24 hours. That notice is supposed to state the charges, describe the incident, identify the alternative-instruction site (ALC), and explain that a hearing will be scheduled.

A long suspension (OSS) shall not be imposed without a hearing. At that hearing, the student may present evidence and witnesses, question the school’s witnesses, and appear with counsel or an advisor. Chancellor’s Regulation A-443 also permits a no-contest plea which should not be framed as a short-cut or easy way out. Pleading no-contest is a decision with consequences; you automatically waive the hearing and sustain the charges. A no-contest plea may be withdrawn within three days of receipt of, or seven days from the date of, the confirming letter, whichever is later.

The school’s version of the case should not be the only narrative. A-443’s suspension materials include the charges, a non-binding witness list, legal advocacy services, and directions to the hearing office. The witness list is framed as the witnesses the school “may” call. It tells you who the school expects to rely on and gives you a chance to prepare before the hearing begins.

When NYPD or another investigative agency wants to question a student in school about an alleged school-related crime, the principal or designee must make every reasonable effort to contact the parent. If the parent objects, questioning may not take place. If the parent wants to be present, questioning must wait. If questioning occurs without a parent present, the principal or designee must be there, the student must be offered an available adult DOE staff member, and the student may not be compelled to submit to the interview. If the questioning may elicit incriminating statements, Miranda warnings should be read in the presence of the principal/designee or parent/guardian.

No one is required to answer police questions. Silence is not an admission of guilt. If questioning could lead to incriminating statements, the safest response is to invoke the right to remain silent and ask for an attorney. In federal juvenile custody, § 5033 requires that the juvenile be advised of legal rights immediately and in language comprehensive to a juvenile.

A young person has the right to counsel during custodial questioning and court proceedings. Ask for an attorney immediately, then stop talking. In federal juvenile cases, courts treat the loss of timely parental advice and counsel as highly significant when analyzing prejudice from § 5033 violations. In United States v. John Doe, the Ninth Circuit held that delayed parental notification and delayed advice of rights could be prejudicial where the juvenile lost the chance for parental advice before confessing.

When a juvenile is taken into federal custody, the arresting officer must immediately notify the parents, guardian, or custodian not only that the child is in custody, but also of the child’s rights and the nature of the alleged offense. Courts have taken that requirement seriously. In United States v. Juvenile (RRA-A), the Ninth Circuit emphasized that the arresting officer must carry out the notification duty and found a violation where that duty was improperly delegated.

A juvenile should not be held in limbo. Section 5033 says the juvenile must be taken before a magistrate judge forthwith and not detained longer than a reasonable period before that appearance. Courts have treated delay as a real issue. In United States v. Doe the Ninth Circuit recognized that some delay may be reasonable where no magistrate is available, but in later cases it has also held that unjustified delays can violate § 5033.