Keeping Our Kids in School and Out of Court: Rooting Out School Suspension Hearings and a New Alternative

Authors

Rachel Klein, Benjamin N. Cardozo School of Law

Abstract

This Note proposes an alternative model that can help a child improve his behavior in school, without removing the student from class. Section I of this Note examines the historical and legal context governing school suspension as a whole, specifically making reference to and analyzing New York State school suspension practices. Section II analyzes the effectiveness of school suspension and the methods used in New York to fix this system. In Section III, this Note proposes the use of arbitration as a superior mode of resolution and explains why Board of Education Arbitration is an effective model that helps students find the root of their problem by providing them with positive reinforcement that will lead them to understand their actions and prevent them from becoming participants in the school-to-prison pipeline.

If this alternative is implemented, there is a possibility that this method of treatment will remove suspension and suspension hearings from school, which will allow students to remain in the classroom and off the streets. While this analysis is tailored to New York State law, advocates nationwide will be able to apply many of the principles and recommendations discussed herein.

Disciplines

Civil Rights and Discrimination | Dispute Resolution and Arbitration | Education Law | Law

Recommended Citation

Rachel Klein, Keeping Our Kids in School and Out of Court: Rooting Out School Suspension Hearings and a New Alternative, 17 Cardozo J. Conflict Resol. 633 (2016).
Available at: https://larc.cardozo.yu.edu/cjcr/vol17/iss2/13