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SB 35 - Education - school disciplinary tribunals

Cagle, Casey (49th)	Johnson, Eric B (1st)	Price, Thomas E (56th)

Status Summary	SC:	Ed	HC:	Ed	FR:	01/25/99	LA:	03/15/99	H - Read 2nd Time (CS )

First Reader Summary

A bill to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to provide that local boards of education may establish disciplinary tribunals which include residents of the school district; to provide for the membership of residents of the school district on certain disciplinary tribunals which are required by law.

Code Sections - 20-2-752/ 20-2-755/ 20-2-756

SB 35  99                                         LC 27 0874S 
                                                       (SCS) 
      SENATE BILL 35 
 
      By:  Senators Cagle of the 49th, Johnson of the 1st, 
           Price of the 56th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of 
  1- 2  Title 20 of the Official Code of Georgia Annotated, relating 
  1- 3  to public school disciplinary tribunals, so as to provide 
  1- 4  that local boards of education may establish disciplinary 
  1- 5  tribunals which include persons who are not school 
  1- 6  officials; to provide for the membership of persons who are 
  1- 7  not school officials on certain disciplinary tribunals which 
  1- 8  are required by law; to provide for the training and 
  1- 9  orientation of persons appointed to disciplinary tribunals; 
  1-10  to provide for related matters; to provide for an effective 
  1-11  date; to repeal conflicting laws; and for other purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 
  1-15  of the Official Code of Georgia Annotated, relating to 
  1-16  public school disciplinary tribunals, is amended by striking 
  1-17  in its entirety Code Section 20-2-752, relating to the 
  1-18  establishment of disciplinary hearing officers, panels, or 
  1-19  tribunals, and inserting in lieu thereof a new Code Section 
  1-20  20-2-752 to read as follows: 
 
  1-21    "20-2-752. 
 
  1-22    Local boards of education may establish by policy, rule, 
  1-23    or regulation disciplinary hearing officers, panels, or 
  1-24    tribunals of school officials to impose suspension or 
  1-25    expulsion. Such tribunals shall be composed of school 
  1-26    officials and may also include persons who are not school 
  1-27    officials. If such hearing officers, panels, or tribunals 
  1-28    are established, such rules and regulations must include 
  1-29    the following: 
 
  1-30      (1) Provisions governing the manner of selecting the 
  1-31      hearing officers or members of the panels or tribunals 
  1-32      and the number of members thereof; 
 
 
 
 
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  2- 1      (2) Provisions governing procedures to be followed by 
  2- 2      such hearing officers, panels, or tribunals in 
  2- 3      fact-finding, hearings, and reporting recommendations to 
  2- 4      the local board; 
 
  2- 5      (3) Provisions granting a right to appeal to the local 
  2- 6      board when the punishment imposed by hearing officers, 
  2- 7      panels, or tribunals is long-term suspension or 
  2- 8      expulsion; and 
 
  2- 9      (4) Provisions whereby the local school superintendent 
  2-10      may suspend enforcement of the suspension or expulsion 
  2-11      ordered by the hearing officers, panels, or tribunals 
  2-12      pending the outcome of any appeal to the local board.; 
  2-13      and 
 
  2-14      (5) Provisions governing the training and orientation of 
  2-15      school officials and persons who are not school 
  2-16      officials who serve on disciplinary tribunals.  The 
  2-17      Department of Education shall develop and make available 
  2-18      a model program for such training and orientation." 
 
  2-19                           SECTION 2. 
 
  2-20  Said subpart is further amended in Code Section 20-2-753, 
  2-21  relating to offenses for which a local board of education 
  2-22  must appoint a disciplinary hearing officer, panel, or 
  2-23  tribunal, by striking in its entirety subsection (a) and 
  2-24  inserting in lieu thereof a new subsection (a) to read as 
  2-25  follows: 
 
  2-26    "(a) In addition to any proceedings which are authorized 
  2-27    in Code Section 20-2-752, local boards of education shall 
  2-28    appoint a disciplinary hearing officer, panel, or tribunal 
  2-29    of school officials to hold a disciplinary hearing 
  2-30    following any instance of: 
 
  2-31      (1) An alleged assault or battery by a student upon any 
  2-32      teacher, other school official, or employee; 
 
  2-33      (2) An alleged assault or battery by a student upon 
  2-34      another student, if, in the discretion of the school 
  2-35      principal, the alleged assault or battery could justify 
  2-36      the expulsion or long-term suspension of the student; or 
 
  2-37      (3) Substantial damage alleged to be intentionally 
  2-38      caused by a student on school premises to personal 
  2-39      property belonging to a teacher, other school official, 
  2-40      employee, or student, if, in the discretion of the 
 
 
 
 
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  3- 1      school principal, the alleged damage could justify the 
  3- 2      expulsion or long-term suspension of the student. 
 
  3- 3    A tribunal appointed pursuant to this Code section shall 
  3- 4    be composed of school officials and may also include 
  3- 5    persons who are not school officials." 
 
  3- 6                           SECTION 3. 
 
  3- 7  Said subpart is further amended in Code Section 20-2-754, 
  3- 8  relating to procedures to be followed by disciplinary 
  3- 9  officers, panels, or tribunals, by striking in its entirety 
  3-10  subsection (b) and inserting in lieu thereof a new 
  3-11  subsection (b) to read as follows: 
 
  3-12    "(b) A disciplinary officer, panel, or tribunal of school 
  3-13    officials appointed as required by Code Section 20-2-753 
  3-14    shall, in addition to any other requirements imposed by 
  3-15    rules and regulations which may have been promulgated 
  3-16    pursuant to Code Section 20-2-752, ensure that: 
 
  3-17      (1) All parties are afforded an opportunity for a 
  3-18      hearing after reasonable notice served personally or by 
  3-19      mail.  This notice shall be given to all parties and to 
  3-20      the parent or guardian of the student or students 
  3-21      involved and shall include a statement of the time, 
  3-22      place, and nature of the hearing; a short and plain 
  3-23      statement of the matters asserted; and a statement as to 
  3-24      the right of all parties to present evidence and to be 
  3-25      represented by legal counsel; 
 
  3-26      (2) All parties are afforded an opportunity to present 
  3-27      and respond to evidence and to examine and cross-examine 
  3-28      witnesses on all issues unresolved; and 
 
  3-29      (3) A verbatim electronic or written record of the 
  3-30      hearing shall be made and shall be available to all 
  3-31      parties." 
 
  3-32                           SECTION 4. 
 
  3-33  Said subpart is further amended by striking in its entirety 
  3-34  Code Section 20-2-755, relating to the authority of a 
  3-35  disciplinary officer, panel, or tribunal to determine 
  3-36  disciplinary action, and inserting in lieu thereof a new 
  3-37  Code Section 20-2-755 to read as follows: 
 
  3-38    "20-2-755. 
 
  3-39    The disciplinary officer, panel, or tribunal of school 
  3-40    officials, when appointed as required in Code Section 
 
 
 
                                 -3- 
 
 
 
  4- 1    20-2-753, shall determine what, if any, disciplinary 
  4- 2    action shall be taken.  Such action may include, but is 
  4- 3    not limited to, expulsion, long-term suspension, or 
  4- 4    short-term suspension.  Any action taken by such officer, 
  4- 5    panel, or tribunal shall be subject to modification by the 
  4- 6    local school board on appeal." 
 
  4- 7                           SECTION 5. 
 
  4- 8  Said subpart is further amended by striking in its entirety 
  4- 9  Code Section 20-2-756, relating to reports to law 
  4-10  enforcement officials, and inserting in lieu thereof a new 
  4-11  Code Section 20-2-756 to read as follows: 
 
  4-12    "20-2-756. 
 
  4-13    (a) The school administration, disciplinary hearing 
  4-14    officer, panel, tribunal of school officials, or the local 
  4-15    board of education may, when any alleged criminal action 
  4-16    by a student occurs, report the incident to the 
  4-17    appropriate law enforcement agency or officer for 
  4-18    investigation to determine if criminal charges or 
  4-19    delinquent proceedings should be initiated. 
 
  4-20    (b) No individual reporting any incident under this 
  4-21    subpart to a law enforcement agency or officer shall be 
  4-22    subject to any action for malicious prosecution, malicious 
  4-23    abuse of process, or malicious use of process." 
 
  4-24                           SECTION 6. 
 
  4-25  This Act shall become effective on July 1, 1999. 
 
  4-26                           SECTION 7. 
 
  4-27  All laws and parts of laws in conflict with this Act are 
  4-28  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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