§ 20-2-750. Short Title

This subpart shall be known and may be cited as the “Public School Disciplinary Tribunal Act.” History. Ga. L. 1979, p. 663, § 1.

§ 20-2-751. Definitions

As used in this subpart, the term: “Dangerous weapon” shall have the same meaning as set forth in Code Section 16-11-121. “Expulsion” means expulsion of a student from a public school beyond the current school quarter or semester. “Firearm” shall have the same meaning as set forth in Code Section 16-11-127.1. “Hazardous object” means any […]

§ 20-2-751.1. Expulsion and Disciplinary Policy for Students Bringing Weapons to School

Each local board of education shall establish a policy, pursuant to this subpart, regarding a student’s possession of a firearm, dangerous weapon, or hazardous object at school. With respect to a student who is determined to have possessed a firearm or dangerous weapon at school, such policy shall require expulsion from school for a period […]

§ 20-2-751.2. Students Subject to Disciplinary Orders of Other School Systems

As used in this Code section, the term “disciplinary order” means any order of a local school system in this state, a private school in this state, or a public school outside of this state which imposes short-term suspension, long-term suspension, or expulsion upon a student in such system or school. A local board of […]

§ 20-2-751.4. Policies Prohibiting Bullying; Assignment to Alternative School; Notice

As used in this Code section, the term “bullying” means an act that is: Any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so; Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm; or […]

§ 20-2-751.5. Student Code of Conduct; Safety Rules on School Buses; Distribution

Each student code of conduct shall contain provisions that address the following conduct of students during school hours, at school related functions, and on the school bus in a manner that is appropriate to the age of the student: Verbal assault, including threatened violence, of teachers, administrators, and other school personnel; Physical assault or battery […]

§ 20-2-751.6. Disciplinary Policy for Students Committing Acts of Physical Violence Against Teacher, School Bus Driver, or Other School Official or Employee

As used in this Code section, the term “physical violence” means: Intentionally making physical contact of an insulting or provoking nature with the person of another; or Intentionally making physical contact which causes physical harm to another unless such physical contacts or physical harms were in defense of himself or herself, as provided in Code […]

§ 20-2-751.7. State Mandated Process for Students to Follow in Reporting Instances of Alleged Inappropriate Behavior by Teacher or Other School Personnel; Notice of Process; Training; Investigations

The Professional Standards Commission shall establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher, administrator, or other school employee toward a student which shall not prohibit the ability of a student to report the incident to law enforcement authorities. Each local school system shall be […]

§ 20-2-752. Establishment of Disciplinary Hearing Officers, Panels, or Tribunals for Imposition of Suspension or Expulsion; Rules and Regulations; Appeals

Local boards of education may establish by policy, rule, or regulation disciplinary hearing officers, panels, or tribunals of school officials to impose suspension or expulsion. If such hearing officers, panels, or tribunals are established, such rules and regulations must include the following: Provisions governing the manner of selecting the hearing officers or members of the […]

§ 20-2-753. Disciplinary Hearing Officer, Panel, or Tribunal to Hold Disciplinary Hearing Following Allegation of Assault and Battery or Recommended Suspension or Expulsion Exceeding 10 Days

In addition to any proceedings which are authorized in Code Section 20-2-752, local boards of education shall appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing following any instance of an alleged violation of the student code of conduct where the principal recommends a suspension or expulsion of […]

§ 20-2-754. Procedures to Be Followed by Disciplinary Officer, Panel, or Tribunal; Review

The provisions of Code Section 20-2-1160 shall apply to disciplinary proceedings under this subpart. A disciplinary officer, panel, or tribunal of school officials appointed as required by Code Section 20-2-753 shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 20-2-752, ensure that: All […]

§ 20-2-755. Authorization of Disciplinary Officer, Panel, or Tribunal to Determine Disciplinary Action

The disciplinary officer, panel, or tribunal of school officials, when appointed as required in Code Section 20-2-753, shall determine what, if any, disciplinary action shall be taken. Such action may include, but is not limited to, expulsion, long-term suspension, or short-term suspension. Any action taken by such officer, panel, or tribunal shall be subject to […]

§ 20-2-756. Reports to Law Enforcement Officials

The school administration, disciplinary hearing officer, panel, tribunal of school officials, or the local board of education may, when any alleged criminal action by a student occurs, report the incident to the appropriate law enforcement agency or officer for investigation to determine if criminal charges or delinquent proceedings should be initiated. No individual reporting any […]

§ 20-2-757. Applicability of Public Inspection and Open Meeting Laws

All proceedings and hearings conducted under this subpart shall be confidential and shall not be subject to the open meetings requirement of Code Section 50-14-1 or other open meetings laws. All electronic or other written records of all hearings conducted under this subpart; all statements of charges; all notices of hearings; and all written decisions […]

§ 20-2-758. Legal Actions Not Prohibited, Restricted, or Limited by Disciplinary Hearing; Rights to Appeal From Decision of School Board

Nothing in this subpart shall be construed to prohibit, restrict, or limit in any manner any cause of action otherwise provided by law and available to any teacher, school official, employee, or student. The provisions of subsections (b) through (f) of Code Section 20-2-1160 shall apply to all proceedings under this subpart. History. Code 1981, […]

§ 20-2-759. Minimum Qualifications for Hearing Officers, Disciplinary Hearing Officers, Tribunals, and Panels

The State Board of Education shall promulgate rules and regulations to require minimum qualifications for hearing officers, disciplinary hearing officers, tribunals, and panels that are tasked with hearing matters in this subpart. The State Board of Education shall promulgate rules and regulations to ensure that such individuals have initial training prior to serving as a […]