What Are the Laws Regarding School Suspension and Expulsion in Georgia?

Understanding the laws regarding school suspension and expulsion in Georgia is essential for parents, students, and educators alike. The regulations governing school discipline in Georgia are primarily outlined in the Georgia Code and provided by the Georgia Department of Education. These laws aim to ensure that students are treated fairly while maintaining a conducive learning environment.

Types of Disciplinary Actions

In Georgia, there are two main types of disciplinary actions that can be imposed on students: suspension and expulsion.

School Suspension

A suspension can be temporary and may last anywhere from one day to ten days. According to Georgia law, a principal or designated school official has the authority to suspend a student for violating school rules or engaging in behavior detrimental to the learning environment. It is important to note that the school must inform the student and their parents or guardians of the suspension, and provide an opportunity for a hearing if requested.

Factors such as the severity of the infraction, previous behavior, and the student’s age can influence the length of the suspension. In essence, less severe infractions may result in shorter suspensions, while serious violations, such as violence or drug-related offenses, may result in longer terms off-campus.

School Expulsion

Expulsion is a more severe action that involves permanently removing a student from the school for a significant misconduct. Under Georgia law, certain offenses automatically warrant expulsion, such as carrying a weapon or committing a sexual offense. Unlike suspension, which is temporary, expulsion can last for the remainder of the school year and sometimes for longer periods depending on the nature of the offense.

Schools are required to conduct a formal hearing before expelling a student, providing the student and their family the chance to present evidence and argue their case. It is essential for students to understand their rights during these proceedings and consider seeking legal advice if necessary.

Legal Protections for Students

Georgia law includes protections for students facing suspension or expulsion. The Georgia Fair Student Discipline Act sets forth guidelines to ensure that students are not discriminated against based on race, color, or disability. Schools must follow these guidelines to promote fair treatment.

Additionally, students with disabilities under the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA) have specific protections. Discipline for students with disabilities must consider their unique needs and circumstances, and a manifestation determination review must be conducted to assess whether the behavior was a result of the student's disability.

Appealing a Suspension or Expulsion

Parents have the right to appeal a suspension or expulsion decision. The appeal process typically involves submitting a written request to the local school district’s board of education. The appeal will then be reviewed, and a hearing may be scheduled to discuss the case. It is advisable for parents and students to keep detailed records of incidents and have documentation ready for the appeal process.

Conclusion

In summary, understanding the laws regarding school suspension and expulsion in Georgia is crucial for students and parents navigating disciplinary actions. Knowing the types of disciplinary actions, legal protections, and the appeal process can significantly impact the outcome of a situation involving school discipline. Parents are encouraged to maintain open communication with school officials and to advocate for their child's rights when necessary.