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Dwayne B.
Dwayne B., Attorney
Category: Education Law
Satisfied Customers: 33099
Experience:  Began practicing law in 1992
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My daughter was in a physical fight in school. She has been

Customer Question

My daughter was in a physical fight in school. She has been suspended from school for 5 days. When the principal called to tell me about the altercation, she stated that my daughter Jenna was waiting at the top of the stairs and punched her, The principal said they had it on their surveillance camera at school that she clearly was waiting for the other student. Later that night at home my older son showed me a video of the fight my daughter was in, ih which it happened in the hallway and does not show Jenna waiting for the other student at the top of the stairs. From the video you can clearly hear the other student say to Jenna "I'm gonna fight her" while Jenna was walking in front of this student Jenna turned around said something and the other student then stated that "(Jenna) looked really F**king stupid because she was not talking to her, that's when Jenna went up to her and pushed her and the fight began. I don't condone my daughter for doing this, but since last year I have filled out several Bully report forms on the school's district's website and no one has ever responded back to me. I also asked to see the school's video of the fight and they are refusing to let me watch it. I have sent e-mail's to the principal asking for a conference and she has not yet responded back to me. I guess my overall question is do I have the right to view the school's video tape of the fight? The bullying in this school district is getting out of control and it seems they are sweeping it under the rug and not reporting it to NY State Education Department. Please help!! Stephanie Carnevale
Submitted: 1 year ago.
Category: Education Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

There is no law that requires the school district to provide the video or let you view it, unfortunately, at this point.

However, if you appeal the suspension then there is an argument that refusing to allow you to view and "use" the video on defense of your daughter would be equivalent to a denial of due process. It is not going to be an easy argument to make and you would need a good understanding of the complexities of Constitutional Law and due process so I'd recommend you hire an attorney to assist in the appeal.

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