HB 479 - Public School Disciplinary Tribunal Act; amend
Georgia House of Representatives - 1995/1996 Sessions
HB 479 - Public School Disciplinary Tribunal Act; amend
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9
1. Hart 116th 2. Taylor 134th 3. Hugley 133rd
4. Mobley 69th 5. Teague 58th 6. Randolph 72nd
House Comm: Ed / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
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House Action Senate
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1/30/95 Read 1st Time
1/31/95 Read 2nd Time
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Code Sections amended: 20-2-750, 20-2-751,20-2-752, 20-2-752.1, 20-2-753,
20-2-754, 20-2-755, 20-2-755.1, 20-2-756, 20-2-757, 20-2-758, 20-2-759
HB 479 LC 11 8485
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Part 2 of Article 16 of Chapter 2 of Title 20 of
1- 2 the Official Code of Georgia Annotated, relating to public
1- 3 school discipline, so as to change the provisions regarding
1- 4 definitions; to require boards of education to establish
1- 5 student codes and standards of conduct for certain purposes;
1- 6 to provide for permanent expulsions; to provide for
1- 7 additional purposes for which school disciplinary officers,
1- 8 panels, or tribunals are required to be established and for
1- 9 powers, duties, policies, rules, and regulations relating
1-10 thereto; to provide for disciplinary sanctions and
1-11 conditions and procedures relating thereto; to provide for
1-12 local board of education reviews and decisions; to provide
1-13 for petitions for readmission; to provide for incident
1-14 reports; to repeal conflicting laws; and for other purposes.
1-15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-16 Part 2 of Article 16 of Chapter 2 of Title 20 of the
1-17 Official Code of Georgia Annotated, relating to public
1-18 school discipline, is amended by striking Subpart 2 thereof,
1-19 relating to public school disciplinary tribunals, and
1-20 inserting in its place the following:
"Subpart 2
1-21 20-2-750. (Index)
1-22 This subpart shall be known and may be cited as the
1-23 'Public School Disciplinary Tribunal Act.'
1-24 20-2-751. (Index)
1-25 As used in this subpart, the term:
1-26 (1) 'Expulsion' means expulsion of a student from a
1-27 public school beyond the current school quarter or
1-28 semester.
1-29 (2)(1) 'Long-term suspension' means the suspension
1-30 removal of the right and obligation of a student from to
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LC 11 8485
2- 1 attend a public school for more than ten school days but
2- 2 not beyond within the current school quarter or
2- 3 semester.
2- 4 (2) 'Permanent expulsion' means the removal of the right
2- 5 and obligation of a student to attend a public school
2- 6 under conditions set by the local board of education for
2- 7 a period of time exceeding the remainder of the current
2- 8 school year, but not beyond one full school term.
2- 9 (3) 'Short-term expulsion' means the removal of the
2-10 right and obligation of a student to attend a public
2-11 school under conditions set by the local board of
2-12 education for a period of time not to exceed the
2-13 remainder of the current school quarter or semester.
2-14 (3)(4) 'Short-term suspension' means the suspension
2-15 removal of the right and obligation of a student from to
2-16 attend a public school for not more than ten school
2-17 days.
2-18 20-2-752. (Index)
2-19 (a) Each local board of education by written policy, rule,
2-20 or regulation shall establish and publish a code of
2-21 conduct, developed by the school board, elementary and
2-22 secondary school teachers, and parents which specifies
2-23 what conduct by a student may result in:
2-24 (1) In-school suspension in which the student is removed
2-25 from the school the student would regularly attend and
2-26 is placed in an alternative school or a special school
2-27 specifically organized for in-school suspension, as
2-28 provided in Code Section 20-2-155;
2-29 (2) Short-term suspension;
2-30 (3) Long-term suspension;
2-31 (4) Short-term expulsion; or
2-32 (5) Permanent expulsion.
2-33 Any such code of conduct that specifies what conduct by a
2-34 student may result in permanent expulsion must be in
2-35 compliance with Code Section 20-2-752.1.
2-36 (b) Each local board of education shall establish and
2-37 promulgate rules and standards concerning student conduct,
2-38 other than that conduct for which a code of conduct is
2-39 developed pursuant to subsection (a) of this Code section.
2-40 Such rules and standards shall be those which are
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LC 11 8485
3- 1 reasonably necessary to carry out, or to prevent
3- 2 interference with carrying out, any educational function.
3- 3 Such rules and standards shall be clear and definite so as
3- 4 to provide clear notice to students as to the conduct
3- 5 proscribed and the consequences thereof. The rules shall
3- 6 be distributed to students and their parents at the
3- 7 beginning of each school year or at the time of
3- 8 enrollment, if during the school year, and shall be posted
3- 9 in conspicuous places in each school during the school
3-10 year. The rules shall also be available upon request to
3-11 any person.
3-12 (c) Each local board Local boards of education may shall
3-13 establish by policy, rule, or regulation disciplinary
3-14 hearing officers, panels, or tribunals of school officials
3-15 to hold a disciplinary hearing to impose: suspension or
3-16 expulsion. If such hearing officers, panels, or tribunals
3-17 are established, such
3-18 (1) Short-term suspension of a student whose cumulative
3-19 short-term suspensions exceed 12 days for the
3-20 immediately preceding six weeks of the current grading
3-21 period;
3-22 (2) In-school suspension in which the student is removed
3-23 from the school the student would regularly attend and
3-24 placed in an alternative school or a special school
3-25 specifically organized for in-school suspension, as
3-26 provided in Code Section 20-2-155;
3-27 (3) Long-term suspension;
3-28 (4) Short-term expulsion;
3-29 (5) Permanent expulsion; or
3-30 (6) Any sanction for any instance of:
3-31 (A) An alleged assault or battery by a student upon
3-32 any teacher, other school official, or employee;
3-33 (B) An alleged assault or battery by a student upon
3-34 another student, if, in the discretion of the school
3-35 principal, the alleged assault or battery could
3-36 justify the expulsion or long-term suspension of the
3-37 student;
3-38 (C) Substantial damage alleged to be intentionally
3-39 caused by a student on school premises to personal
3-40 property belonging to a teacher, other school
3-41 official, employee, or student, if, in the discretion
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LC 11 8485
4- 1 of the school principal, the alleged damage could
4- 2 justify the expulsion or long-term suspension of the
4- 3 student; or
4- 4 (D) Possession of a firearm or other dangerous weapon.
4- 5 (d) Policies, rules, and regulations which establish
4- 6 disciplinary hearing officers, panels, or tribunals as
4- 7 required by subsection (c) of this Code section must be
4- 8 published and must include the following:
4- 9 (1) Provisions governing the manner of selecting the
4-10 hearing officers or members of the panels or tribunals
4-11 and the number of members thereof;
4-12 (2) Provisions governing procedures to be followed by
4-13 such hearing officers, panels, or tribunals in regarding
4-14 fact-finding, hearings, and reporting recommendations to
4-15 the local board;
4-16 (3) Provisions granting to the affected student a right
4-17 to appeal to the local board when the punishment imposed
4-18 by hearing officers, panels, or tribunals is long-term
4-19 suspension or expulsion any punishment specified in
4-20 subsection (c) of this Code section; and
4-21 (4) Provisions whereby the local school superintendent
4-22 may suspend enforcement of the suspension or expulsion
4-23 ordered by the hearing officers, panels, or tribunals
4-24 pending the outcome of any appeal to the local board.
4-25 (e) No student shall be subjected to any sanction for
4-26 violating any code or standard of student conduct unless:
4-27 (1) There is a specific finding regarding which code or
4-28 standard has been violated by the student; and
4-29 (2) The sanction imposed for such violation is
4-30 authorized by such code or standard for that violation.
4-31 20-2-752.1.
4-32 A student may be subjected to permanent expulsion based
4-33 only upon the following findings:
4-34 (1) Other methods of disciplining and correcting the
4-35 student have been tried and have failed;
4-36 (2) Counseling and social agency referrals have been
4-37 tried and have failed; and
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LC 11 8485
5- 1 (3) The student, while on school property or while
5- 2 attending a school related activity on or off school
5- 3 property:
5- 4 (A) Physically assaulted a teacher or any other
5- 5 individual;
5- 6 (B) Knowingly sold, gave, or delivered to another
5- 7 person or possessed, used, or was under the influence
5- 8 of a controlled substance, not including marijuana; or
5- 9 (C) Possessed a firearm or other deadly weapon with
5-10 intent to use it.
5-11 20-2-753. (Index) (a) In addition to any proceedings which are authorized in
5-13 Code Section 20-2-752, local boards of education shall
5-14 appoint a disciplinary hearing officer, panel, or tribunal
5-15 of school officials to hold a disciplinary hearing
5-16 following any instance of: (1) An alleged assault or battery by a student upon any
5-18 teacher, other school official, or employee; (2) An alleged assault or battery by a student upon
5-20 another student, if, in the discretion of the school
5-21 principal, the alleged assault or battery could justify
5-22 the expulsion or long-term suspension of the student; or (3) Substantial damage alleged to be intentionally
5-24 caused by a student on school premises to personal
5-25 property belonging to a teacher, other school official,
5-26 employee, or student, if, in the discretion of the
5-27 school principal, the alleged damage could justify the
5-28 expulsion or long-term suspension of the student.
5-29 (b) The board of education shall by appropriate written
5-30 rule, regulation, or resolution require that when any
5-31 instance specified in subparagraph (A), (B), or (C) of
5-32 paragraph (6) of subsection (a) (c) of this Code section
5-33 Section 20-2-752 occurs, the teacher, other school
5-34 official, employee, or student who is subjected to the
5-35 assault, battery, or damage shall file a complaint with
5-36 the school administration and with the local board of
5-37 education.
5-38 20-2-754. (Index)
5-39 (a) A disciplinary officer, panel, or tribunal of school
5-40 officials appointed as required by Code Section 20-2-753
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LC 11 8485
6- 1 20-2-752 shall, in addition to any other requirements
6- 2 imposed by rules and regulations which may have been
6- 3 promulgated pursuant to Code Section 20-2-752, ensure
6- 4 that:
6- 5 (1) All parties are afforded an opportunity for a
6- 6 hearing after reasonable notice served personally or by
6- 7 mail. This written notice shall be given to all parties
6- 8 and to the parent or guardian of the student or students
6- 9 involved and shall include a statement of the time,
6-10 place, and nature of the hearing; a short and plain
6-11 statement of the matters asserted; and a statement as to
6-12 the right of all parties to present evidence and to be
6-13 represented by legal counsel;
6-14 (2) All parties are afforded an opportunity to present
6-15 and respond to evidence and to examine and cross-examine
6-16 witnesses on all issues unresolved; and
6-17 (3) A verbatim electronic or written record of the
6-18 hearing shall be made and shall be available to all
6-19 parties.
6-20 (b) If appointed to review an instance specified in Code
6-21 Section 20-2-753 20-2-752, the disciplinary officer,
6-22 panel, or tribunal shall conduct the hearing and, after
6-23 receiving all evidence, render its decision, which . Its
6-24 decision shall be based solely on the evidence received at
6-25 the hearing and whether, according to such evidence, the
6-26 code of conduct required by subsection (a) of Code Section
6-27 20-2-752 has been violated and if so violated, which
6-28 provision has been violated. The decision shall be in
6-29 writing and shall be given to all parties within ten days
6-30 of the close of the record. Any decision by such
6-31 disciplinary officer, panel, or tribunal may be appealed
6-32 by the student to the local board of education by filing a
6-33 written notice of appeal within 20 days from the date the
6-34 decision is rendered mailed to all parties. Any
6-35 disciplinary action imposed by such officer, panel, or
6-36 tribunal may be suspended by the school superintendent
6-37 pending the outcome of the appeal.
6-38 (c) Where there is an appeal of a decision of a local
6-39 board of education pursuant to subsection (b) of this Code
6-40 section, that The local board of education shall review
6-41 the record of that decision and shall render a its own
6-42 decision in writing. The decision shall be based solely
6-43 on the record and shall be given to all parties within ten
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LC 11 8485
7- 1 days, excluding weekends and public and legal holidays
7- 2 provided for in Code Section 1-4-1, from the date the
7- 3 local board of education receives the notice of appeal.
7- 4 The board may take any action it determines appropriate,
7- 5 and any decision of the board shall be final, except as
7- 6 provided by Code Section 20-2-1160. All parties shall
7- 7 have the right to be represented by legal counsel at any
7- 8 such appeal and during all subsequent proceedings.
7- 9 20-2-755. (Index)
7-10 (a) The disciplinary officer, panel, or tribunal of school
7-11 officials, when appointed as required in Code Section
7-12 20-2-753 20-2-752, shall determine what, if any,
7-13 disciplinary action shall be taken. Such action may
7-14 include, but is not limited to, short-term expulsion,
7-15 permanent expulsion, long-term suspension, or short-term
7-16 suspension. Any action taken by such officer, panel, or
7-17 tribunal shall be subject to modification by the local
7-18 school board on appeal.
7-19 (b) Before it subjects a student to in-school suspension,
7-20 in which the student is removed from the school the
7-21 student would regularly attend and placed in an
7-22 alternative school or a special school specifically
7-23 organized for in-school suspension, long-term suspension,
7-24 or short-term expulsion the disciplinary hearing officer,
7-25 panel, or tribunal of school officials must determine that
7-26 the student's presence in the regular classroom program or
7-27 at the home campus presents a danger of physical harm to
7-28 the student or to other individuals or that the student
7-29 has engaged in serious or persistent misbehavior that
7-30 violates the school system's previously communicated
7-31 standards of student conduct. Prior to long-term
7-32 suspension or short-term expulsion of a student, the board
7-33 or its designee shall consider reasonable alternatives,
7-34 including appropriate discipline management techniques
7-35 which may include removal to an alternative education
7-36 program. If a student is subjected to short-term or
7-37 long-term suspension, the student's absence shall be
7-38 considered to be an excused absence if the student
7-39 satisfactorily completes the assignments for the period of
7-40 suspension within a reasonable time determined by the
7-41 school system.
7-42 (c) Commitment by a juvenile court shall not be grounds to
7-43 expel or suspend a student.
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8- 1 20-2-755.1.
8- 2 Every expelled student shall have the right to petition
8- 3 for readmission for the succeeding school year. The
8- 4 expelled student shall be eligible for readmission unless
8- 5 the local school administration determines that the
8- 6 student's conduct has not substantially improved during
8- 7 the period of the student's expulsion.
8- 8 20-2-756. (Index)
8- 9 (a) At the conclusion of the hearing conducted under Code
8-10 Section 20-2-752, if it is determined that an instance
8-11 specified in subparagraph (A), (B), or (C) of paragraph
8-12 (6) of subsection (c) of Code Section 20-2-752 occurred,
8-13 the The school administration, disciplinary hearing
8-14 officer, panel, tribunal of school officials, or the local
8-15 board of education may, when any instance specified in
8-16 subsection (a) of Code Section 20-2-753 occurs, report the
8-17 incident to the appropriate law enforcement agency or
8-18 officer for investigation to determine if criminal charges
8-19 or delinquent proceedings should be initiated.
8-20 (b) No individual reporting who in good faith reports any
8-21 incident under this subpart to a law enforcement agency or
8-22 officer shall be subject to any action for malicious
8-23 prosecution, malicious abuse of process, or malicious use
8-24 of process.
8-25 20-2-757. (Index)
8-26 (a) All proceedings and hearings conducted under this
8-27 subpart shall be confidential and shall not be subject to
8-28 the open meetings requirement of Code Section 50-14-1 or
8-29 other open meetings laws.
8-30 (b) All electronic or other written records of all
8-31 hearings conducted under this subpart; all statements of
8-32 charges; all notices of hearings; and all written
8-33 decisions rendered by a hearing officer, tribunal, the
8-34 local board of education, or the State Board of Education
8-35 shall not be subject to public inspection or other
8-36 disclosure under Article 4 of Chapter 18 of Title 50 or
8-37 other public disclosure laws; provided, however, the board
8-38 of education shall prepare a written summary of any
8-39 proceeding conducted under this subpart, which summary
8-40 shall include a description of the incident and the
8-41 disposition thereof but shall not contain the names of any
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LC 11 8485
9- 1 party to the incident. The summary shall be a public
9- 2 record.
9- 3 20-2-758. (Index)
9- 4 Nothing in this subpart shall be construed to prohibit,
9- 5 restrict, or limit in any manner any cause of action
9- 6 otherwise provided by law and available to any teacher,
9- 7 school official, employee, or student. The provisions of
9- 8 subsections (b) through (f) of Code Section 20-2-1160
9- 9 shall apply to all proceedings under this subpart.
9-10 20-2-759. (Index)
9-11 (a) This subpart shall not apply to children in
9-12 kindergarten through primary grade 3.
9-13 (b) The local school superintendent shall determine the
9-14 disciplinary actions or proceedings for children exempt
9-15 from this subpart under subsection (a) of this Code
9-16 section."
SECTION 2.
9-17 All laws and parts of laws in conflict with this Act are
9-18 repealed.
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