Under New York Education Law §3214, whenever a school district seeks an out-of-school suspension against a student for more than five days an administrative hearing must be held. Such administrative hearings are referred to as a 3214 Superintendent Hearings or alternatively, a Superintendent Hearing or disciplinary hearing.
In general, a 3214 Superintendent Hearing is comprised of a meeting with school officials, the student, parents or guardians, and any other parties who were involved in the alleged incident a issue. The hearing provides an opportunity for your child to present his side of the story before it is determined whether discipline is needed.
3214 hearings apply to all students, whether they are disabled or not. Different criteria, however, is applied for students who have been determined to have a special need. Examples of violations that would result in a disciplinary hearing include:
• Possession of drugs
• Sexual assault or harassment
• Terroristic threats
• Assaults on teachers
• Possession of weapons
• Insubordination of teachers