Board of Education Policy Manual
Number:	JDD/JDE cf JCDA
Title:	Suspension/Expulsion
Status:	Active
Created:	08/20/1996
Updated:	08/21/2007
Legal:	Georgia Code References: 20-2-155(b); 20-2-750 O.C.G.A. §20-2-736
Last Reviewed:

Policy Detail

The power to discipline and suspend students from school is vested in the principal or his/her designee. The principal or his/her designee has the authority to suspend the student for a period of time, not to exceed ten (10) days. The school should conduct such informal investigation as is practicable under the circumstances and shall afford the student an opportunity to present any defensive evidence as may be reasonably available.

A. Definitions

1. “Long-Term Suspension” means the suspension of a student from school for more than ten (10) school days, but not beyond the current school quarter or semester.

2. “Expulsion” means suspension or expulsion of a student from school beyond the current school quarter or semester.

3. “Short-Term Suspension” means the suspension of a student from school for not more than ten (10) school days.

B. In-School Suspension

An in-school suspension program should be designed to isolate students from the regularly assigned classrooms and activities of the school in order to continue progress relative to classroom assignments. When adequate staff and space are available in the school, the principal may offer a student the in-school suspension option. Under this plan the student would not be suspended from the campus but would be placed in a designated location in the school under the direction of staff that would provide instructional services. The student is denied access to extracurricular activities, clubs, sports, and association with students in the regular school program during the in-school suspension period.

C. Out-of-School Suspensions/Expulsions

1. In General

In enforcing any length suspension/expulsion, the principal or designee should follow the due process procedures listed below:

a. Prior to the suspension/expulsion, the student shall be given oral or written notice of the charges against him/her.

b. If the student denies the charges, the student shall be given an explanation of the evidence the school authorities have and an opportunity to present his/her side of the story.

c. A student may need to be removed immediately from school premises without affording the student the notice and opportunity to respond as described above if he/she poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process. In such cases, the notice and opportunity to respond shall follow as soon as possible.

d. Notification Procedures:
(1) In general
(a) The school will notify the student's parent/guardian of the suspension/expulsion as soon as possible. Personal conversations are encouraged although it is often difficult, if not impossible, to speak directly with parents/guardians. This notification or attempted notification should be confirmed in writing no later than the first school day after the suspension begins.
(b) The written notification from the school will contain the following:
(i) A brief statement of the act(s) the student is alleged to have committed, including the date or approximate date of the behavior;
(ii) Citation to the portion(s) of the Behavior Code violated;
(iii) Recommended duration and terms of suspension/expulsion;
(iv) Instructions for accessing this policy and the Behavior Code;
(v) Notice that a hearing will be held at a time and date to be arranged by the Superintendent’s designee (if applicable).
(c) All notices should be delivered to the student and his/her parent/guardian either in person or by regular first class mail to the last known address of the parent or guardian.
(d) Service shall be deemed to be perfected when the notice is deposited in the United States mail with sufficient postage addressed to the last known address of the parent/guardian.
(e) The school principal should keep on file letters or correspondence verifying and confirming student violations and parent conferences whether by phone or at school.
(2) Additional Notification Where Hearing is Required.
In cases where a student disciplinary hearing is required pursuant to the Behavior Code or Georgia law, the Superintendent’s designee will also send the parents/guardians a notice of hearing. This written notification will include the following:
(a) A brief statement of the act(s) student is alleged to have committed, including the date or approximate date of the behavior;
(b) Citation to the portion(s) of the Behavior Code allegedly violated;
(c) Recommended duration and terms of suspension/expulsion;
(d) Instructions for accessing this policy or a copy of this policy and instructions for accessing the Behavior Code;
(e) The maximum penalty which may be administered for the alleged misconduct;
(f) The date, time and place for the hearing;
(g) Information regarding possible waiver of hearing;
(h) A statement that at the hearing the student is entitled to be represented by an advocate of his or her choice, including an attorney if so desired;
(i) A statement that at the hearing the student is entitled to subpoena witnesses and to other compulsory processes upon request;
(j) A statement that all parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses.

e. If less than the number of suspension/expulsion days remain in the complete grading period, the suspension/expulsion will continue into the next regular school year or grading period.

f. Students under suspension/expulsion shall not participate in or attend school activities on or off campus or be present on any other Marietta City Schools campus.

g. Students suspended/expelled ten days or less will have the opportunity to make up tests and other assignments for credit. It will be the responsibility of the principals to develop local school procedures that will govern this make-up work procedure. The procedures should provide fair and reasonable guidelines that give students the opportunity to make up work on a credit basis; understanding that students must initiate contact regarding make-up work; a description of how assignments are to be communicated; and any other details that would make the local school procedure effective for both students and teachers. Procedures are to be implemented at each school so that students making up work after a suspension/expulsion do not gain unfair advantage over their classmates.

It is the responsibility of the student/parent/guardian to request make-up tests and other assignments for credit within two school days of returning from out-of-school suspension. If a student/parent/guardian fails to request make-up tests and other assignments within two school days of returning from out-of-school suspension, the student may forfeit his/her right to make up the missed tests or other assignments. Make-up assignments cannot be requested while the student is serving out-of-school suspension.

2. Suspensions/Expulsions of 10 School Days or Less Where No Disciplinary Hearing is Required

Even though there are no appeal rights guaranteed, parents/guardians may discuss their child’s suspension/expulsion by calling or putting their concerns in writing to the local school principal. In the event a parent/guardian wants to dispute the final decision of the local school principal, the student's parent/guardian may contact the superintendent or his/her designee in writing to state their concern.

Parents/guardians must attend a post-suspension conference prior to the student being readmitted to school after out-of-school suspension. In the event the parent/guardian is unable to accompany the student to school on the day of his or her return, the parent must contact the student’s administrator by phone or e-mail to set up an appointment to discuss the student’s readmittance to the school. Failure to attend or make an appointment for a post-suspension conference may delay the student’s readmittance to the school.

3. Disciplinary Hearing Procedures

a. Parties may request in writing a hearing continuance from the superintendent or his/her designee. If a continuance is requested by the parent/guardian/student’s representative, the student will continue to serve his/her recommended discipline during the time of the continuance and until the hearing is conducted and the Tribunal has rendered a decision.

b. If a student cannot or chooses not to waive a hearing, the hearing will be held as scheduled, whether or not the student/parent/guardian chooses to participate.

c. Objections to the sufficiency of the notice and or other procedural objections shall be waived unless written notice thereof is filed with the Hearing Officer/Facilitator no less than 24 hours prior to the time that the hearing is scheduled to begin. The hearing may be postponed until such defects have been removed or remedied.

d. A verbatim recording of the hearing shall be made and shall be available to all parties. The cost of recording shall be borne by the District. Parents/guardians/student’s legal counsel may request a copy of the recording.
e. The burden of proof shall be on the school, and it shall be entitled to open and conclude.

f. If the student is represented by an attorney, the Board attorney shall be present. The student/parent/guardian must notify the Hearing Officer/Facilitator no less than 48 hours prior to the hearing if the student will be represented by an attorney. Failure to give such notice will result in the hearing being continued so that the Board's attorney can be present.

g. A three member Tribunal will be appointed for each disciplinary hearing.

h. The pool of Tribunal members shall be comprised of certificated employees of the school district. Tribunal members shall serve on a rotating basis. Tribunal members should not serve as a member of a Tribunal judging a student from the school at which they are employed or with whom they have a connection that could reasonably be construed as presenting a conflict of interest.

i. During the hearing, a designated individual will serve as the presiding Hearing Officer/Facilitator and will rule on issues of law and admissibility of evidence presented during the hearing. The District Hearing Officer/Facilitator may be one of the Tribunal members. The Hearing Officer/Facilitator may designate the Board attorney to conduct the hearing, but the attorney should not serve as a Tribunal member.

j. The evidence for the school shall be presented to the Tribunal by an administrator from the school or a designee appointed by the Superintendent. Evidence for the student shall be presented to the Tribunal by the student/parent/guardian/student’s representative. The administrator or designee appointed by the superintendent representing the school, the school Board attorney, the student/parent/guardian/student's representative, the Hearing Officer/Facilitator, and any member of the Tribunal are entitled to question witnesses, including the student, about any matters which are relevant to the charges against the student or the appropriate discipline. The Hearing Officer/Facilitator has the authority to limit unproductively long or irrelevant questioning by any party to the hearing. The Hearing Officer/Facilitator shall have the right to allow into evidence prior acts showing a course of conduct leading to the acts in question.

k. The Hearing Officer/Facilitator shall be responsible for, and is authorized to take such actions as is necessary to achieve an orderly, fair, and impartial presentation of all pertinent evidence.

l. The Tribunal shall have the authority to rule on Behavior Code violations and assign consequences during hearings.

m. The decision of the Tribunal shall be final and shall constitute the decision of the Board of Education unless the student/parent/guardian/student’s representative shall appeal the decision in accordance with the appeal provisions set forth in this policy.

n. The Tribunal shall render a decision at the end of the hearing and shall verbally inform the student/parent/guardian/student’s representative of the decision. The Hearing Officer/Facilitator will also verbally notify the student/parent/guardian/student’s representative of the procedures for appealing the decision. Written notice of the Tribunal’s decision will be mailed within ten (10) calendar days of the hearing. The Superintendent’s designee shall maintain the District’s records of the hearing.

o. At least two-thirds vote shall be required for a decision, and the Tribunal shall base its decision solely on the evidence received at the hearing.

p. All disciplinary tribunal decisions will conform to Board of Education policy minimum and maximum penalties. If a disciplinary tribunal renders a penalty decision which fails to conform to a Board established minimum penalty, then the system's Hearing Officer/Facilitator should require the Tribunal to continue its deliberations until such time as the Tribunal renders a penalty conforming to Board Policy.

q. The Tribunal may receive and consider any pertinent or documented evidence, including affidavits or written statements submitted by or on behalf of any of the participants. Hearsay evidence is admissible, but should be given due weight by the Tribunal.

4. Appeals

a. The student may appeal the decision of the Tribunal to the Board of Education by filing with the Superintendent a written notice of appeal within twenty (20) calendar days of the Tribunal’s date of decision.

b. The Superintendent shall have the authority to suspend the decision of the Tribunal during the period of appeal by the accused to the Board of Education.

c. Upon the appeal of a decision of the Tribunal to the Board of Education, the Board must render its decision within 10 days, excluding weekends and public and legal holidays, from the date the Board receives notice of the appeal. The decision shall be in writing and a copy shall be provided to the student/parent/guardian/student’s representative, the principal, and Superintendent.

d. The Board of Education will make its decision on the appeal in Executive Session. The parties shall have the right to be represented by legal counsel during the appeal. The Board's review will be based solely on the record and written briefs submitted by the student or his counsel and the school administration or the counsel for the school administration, if briefs are submitted. The Board shall not hear any oral arguments as part of an appeal nor shall it consider any evidence that was not presented to the Tribunal.

e. The Board may take any action it deems appropriate.

f. The decision of the City of Marietta Board of Education may be appealed to the State Board of Education pursuant to O.C.G.A. § 20-2-1160(b) through (f).

g. A written transcript will be prepared by the District if:
(1) The Board of Education so requests; or
(2) The decision of the Board is appealed to the State Board of Education, in which case the appealing party shall be responsible for the cost of preparing a written transcript of the student disciplinary hearing.
(a) If the appealing party is indigent and cannot pay the cost of the transcript, he or she must file with the Superintendent or designee an Affidavit of Indigence to that effect.
(b) Upon receipt of the Affidavit, the Superintendent or designee may inquire into the ability of the appealing party to pay for the transcript.
(c) After a hearing on this issue, the Superintendent or designee may order the appealing party to pay for the transcript by a certain date.
(d) Such order may be appealed pursuant to State Board of Education Rule 160-1-3-.04, School Law Tribunals and Appeals.

5. Disabled Students

a. Nothing in this Policy shall be interpreted to infringe on any right provided to students by the federal Individuals with Disabilities Education Improvement Act, Section 504 of the federal Rehabilitation Act, or the federal Americans with Disabilities Act.

b. A Tribunal that finds a special education student to have committed a disciplinary act for which long-term suspension or expulsion is a possibility shall defer the case to an Individualized Education Plan (IEP) Review/Manifestation Determination Committee.

Created on 07/18/2007 at 01:29 PM by Kendra Young. Last update on 11/05/2007 by Diane May.