FEDERAL CRIMINAL LAWYERS

Can You Sue a Private School for Expulsion in New York

Your child’s headmaster called you into his office. Or worse—you got the letter in the mail. “Effective immediately, [child’s name] is expelled from [school name] for violation of the Student Conduct Policy.” You paid $40,000 in tuition this year. Your child is a sophomore. Now what? Can you sue? Do you have any legal rights against a private school in New York? Here’s what actually happens when you try to challenge a private school expulsion—the realistic outcomes, not the hopeful theories.

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We’ve represented families in education disputes when schools overstep their authority. Constitutional protections exist—but private schools operate under different rules than public schools. Call 212-300-5196.

The Brutal Reality

When you Google “sue private school expulsion New York,” you’ll see articles about student rights, due process hearings, burden of proof. Most describe PUBLIC school protections. Private school parents have far fewer protections. Public schools in New York must follow NY Education Law § 3214, which establishes extensive due process protections: hearings for suspensions over five days, right to counsel, right to examine evidence and question witnesses, alternative instruction requirements. A May 2025 lawsuit even challenges whether NYC schools meet constitutional standards—claiming they suspend students without proving with more than 50% certainty that the alleged conduct occurred. Private schools? Different universe entirely. Private schools can expel for nearly any reason not explicitly prohibited by federal law. They follow their own handbook procedures. Courts defer to school judgment. The constitutional framework explains why: public schools are state actors subject to 14th Amendment due process protections. Private schools aren’t state actors. They’re contractual relationships. If you’re thinking “my child has rights,” you’re thinking of public school rights. Private school students have contract rights—not constitutional rights—unless federal anti-discrimination laws apply. Your most viable legal claim isn’t constitutional—it’s contractual. Did the school follow its own procedures as outlined in the enrollment agreement and student handbook? Go get your enrollment packet right now. Find the “Disciplinary Procedures” section. Compare what the school promised to what actually happened. Your enrollment agreement is a contract. Contract breach claims succeed when schools violate their own written policies. Common breach scenarios: school didn’t provide the required notice period. School didn’t allow your child to present their side at a promised hearing. School applied rules inconsistently—expelled your child but not other students for the same conduct. School violated its own progressive discipline policy by jumping straight to expulsion without required prior warnings. The burden of proof is on YOU. You must show the school violated its own contract terms. Email chains proving the school didn’t follow its stated timeline. Handbook language promising a hearing that never occurred. Evidence that other students engaged in identical conduct without expulsion. Without documentation, that’s not a viable lawsuit. Realistic outcome if you win a contract breach claim? Tuition refund. Expulsion removed from your child’s record. Maybe. School readmission? Extremely rare. Courts don’t force private schools to educate students the school no longer wants. Even if you prove the school violated its procedures, the remedy is typically monetary—not reinstatement.

Federal Discrimination Laws

Private schools that receive federal funding must comply with federal anti-discrimination laws. Title VI of the Civil Rights Act prohibits expulsion based on race, color, or national origin in any program receiving federal financial assistance. Does your private school receive ANY federal funding? Many private schools receive some form of federal funding. If yours does, Title VI applies.

If Title VI applies and you believe race motivated the expulsion, you have a viable federal claim—but the burden of proof is heavy. You must prove that discrimination motivated the school’s decision. “My child was the only Black student expelled this year” isn’t sufficient. You need evidence: discriminatory statements by school officials, pattern of disparate treatment, application of different standards based on race.

Disability discrimination operates similarly. The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act protect students with disabilities in schools receiving federal funds. If your child has a documented disability—IEP or 504 plan—and the behavior that led to expulsion was a manifestation of that disability, you have a strong legal claim. Schools must conduct manifestation determination reviews before expelling students with disabilities.

What to Do

You’re angry. Your child is devastated. The $40,000 you paid feels stolen. But anger doesn’t win lawsuits—evidence does.

Most education attorneys will tell you: exhaust internal appeals before filing a lawsuit, because lawsuits against private schools rarely succeed and typically cost $15,000 to $50,000. The internal appeal process is usually outlined in your student handbook. File your appeal within the required timeframe—often 5 to 10 days from the expulsion notice. Gather evidence immediately. Your enrollment agreement. Your student handbook. All communications with school officials. Witness statements if available. Documentation of any disability accommodations. Schedule a consultation with an education attorney. Initial consultations typically cost $300 to $500. The attorney reviews your documents, assesses the strength of your claims, and gives you realistic outcome predictions.

Decide whether litigation is worth the cost. If the attorney tells you that your best-case outcome is a $15,000 tuition refund and the lawsuit will cost $25,000 in legal fees, the math doesn’t work. Most private school expulsion challenges settle. Common settlement: school refunds a portion of tuition, agrees to remove expulsion from official records, parents sign non-disclosure agreement.

Private schools have discretion you wouldn’t believe. If the school followed its handbook procedures, you likely don’t have a winnable case even if the expulsion feels unjust.

Call 212-300-5196.