HB 1444 - Schools; disciplinary decisions; appeals

Georgia House of Representatives - 1995/1996 Sessions

HB 1444 - Schools; disciplinary decisions; appeals

Page Numbers - 1/ 2/ 3/ 4
Code Sections - 20-2-754
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House Comm: Ed / Senate Comm: Ed / House Vote: Yeas 152 Nays 0 Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 1/25/96 Read 1st Time 3/6/96 1/26/96 Read 2nd Time 3/14/96 2/6/96 Favorably Reported 3/14/96 Sub Committee Amend/Sub 3/5/96 Read 3rd Time 3/5/96 Passed/Adopted CS Comm/Floor Amend/Sub ---------------------------------------- Code Sections amended: 20-2-754, 20-2-1160
HB 1444 LC 19 2973S __________________________ offers the following substitute to HB 1444: A BILL TO BE ENTITLED AN ACT 1- 1 To amend Chapter 2 of Title 20 of the Official Code of 1- 2 Georgia Annotated, relating to elementary and secondary 1- 3 education, so as to provide for changes in procedures to be 1- 4 followed by school disciplinary officers, panels, and 1- 5 tribunals relating to notice and timing of decisions; to 1- 6 provide for changes in the timing of the appeals process 1- 7 from decisions of local school boards; to provide for 1- 8 related matters; to repeal conflicting laws; and for other 1- 9 purposes. 1-10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-11 Chapter 2 of Title 20 of the Official Code of Georgia 1-12 Annotated, relating to elementary and secondary education, 1-13 is amended by striking Code Section 20-2-754, relating to 1-14 procedures to be followed by disciplinary officers, panels, 1-15 or tribunals, and inserting in lieu thereof a new Code 1-16 section to read as follows: 1-17 "20-2-754. (Index) 1-18 (a) A disciplinary officer, panel, or tribunal of school 1-19 officials appointed as required by Code Section 20-2-753 1-20 shall, in addition to any other requirements imposed by 1-21 rules and regulations which may have been promulgated 1-22 pursuant to Code Section 20-2-752, ensure that: 1-23 (1) All parties are afforded an opportunity for a 1-24 hearing after reasonable notice served personally or by 1-25 certified mail. This notice shall be given to all 1-26 parties and to the parent or guardian of the student or 1-27 students involved and shall include a statement of the 1-28 time, place, and nature of the hearing; a short and 1-29 plain statement of the matters asserted; and a statement 1-30 as to the right of all parties to present evidence and 1-31 to be represented by legal counsel. If a local board of 1-32 education decides to make a certified employee available 1-33 to the student and parent or guardian at such hearings, -1- (Index) LC 19 2973S 2- 1 then the notice shall also include the name and 2- 2 employment address of such certified employee who may be 2- 3 available to the student and the parent or guardian to 2- 4 advise each before and during the hearing; 2- 5 (2) All parties are afforded an opportunity to present 2- 6 and respond to evidence and to examine and cross-examine 2- 7 witnesses on all issues unresolved; and 2- 8 (3) A verbatim electronic or written record of the 2- 9 hearing shall be made and shall be available to all 2-10 parties. Local boards of education may establish 2-11 policies to assess reasonable reproduction and mailing 2-12 costs of copies of records of hearings. 2-13 (b) If appointed to review an instance specified in Code 2-14 Section 20-2-753, the disciplinary officer, panel, or 2-15 tribunal shall conduct the hearing and, after receiving 2-16 all evidence, render its decision, which decision shall be 2-17 based solely on the evidence received at the hearing. The 2-18 decision shall be in writing and shall be given to all 2-19 parties within ten days, excluding weekends, days of 2-20 school closings for inclement weather conditions, and 2-21 public and legal holidays provided for in Code Section 2-22 1-4-1, of the close of the record. Any decision by such 2-23 disciplinary officer, panel, or tribunal may be appealed 2-24 to the local board of education by filing a written notice 2-25 of appeal within 20 days from the date the decision is 2-26 rendered. Any disciplinary action imposed by such officer, 2-27 panel, or tribunal may be suspended by the school 2-28 superintendent pending the outcome of the appeal. 2-29 (c) The local board of education shall review the record 2-30 and shall render a decision in writing. The decision 2-31 shall be based solely on the record and shall be given to 2-32 all parties within ten 20 days, excluding weekends, days 2-33 of school closings for inclement weather conditions, and 2-34 public and legal holidays provided for in Code Section 2-35 1-4-1, from the date the local board of education receives 2-36 the notice of appeal. The board may take any action it 2-37 determines appropriate, and any decision of the board 2-38 shall be final. All parties shall have the right to be 2-39 represented by legal counsel at any such appeal and during 2-40 all subsequent proceedings." SECTION 2. 2-41 Said chapter is further amended by striking subsections (b) 2-42 and (c) of Code Section 20-2-1160, relating to local boards -2- (Index) LC 19 2973S 3- 1 serving as tribunals to determine school law controversies 3- 2 and appeals, and inserting in lieu thereof a new subsections 3- 3 (b) and (c) to read as follows: 3- 4 "(b) Any party aggrieved by a decision of the local 3- 5 board rendered on a contested issue after a hearing 3- 6 shall have the right to appeal therefrom to the State 3- 7 Board of Education. The appeal shall be in writing and 3- 8 shall distinctly set forth the question in dispute, the 3- 9 decision of the local board, and a concise statement of 3-10 the reasons why the decision is complained of; and the 3-11 party taking the appeal shall also file with the appeal 3-12 a transcript of testimony certified as true and correct 3-13 by the local school superintendent. The appeal shall be 3-14 filed with the superintendent within 30 days, except for 3-15 appeals arising under Code Sections 20-2-750 through 3-16 20-2-759, which shall be filed within 20 days, of the 3-17 decision of the local board, and within ten days 3-18 thereafter it shall be the duty of the local 3-19 superintendent to transmit a copy of the appeal together 3-20 with the transcript of evidence and proceedings, the 3-21 decision of the local board, and other matters in the 3-22 file relating to the appeal to the state board. The 3-23 state board shall adopt regulations governing the 3-24 procedure for hearings before the local board and 3-25 proceedings before it. 3-26 (c) Where an appeal is taken to the state board, the state 3-27 board of education shall notify the parties in writing of 3-28 its decision within 25 days after hearing thereon and of 3-29 their review the records and shall render a decision in 3-30 writing. The decision shall be based solely on the record, 3-31 and a copy shall be given to all parties within 20 days, 3-32 excluding weekends and public and legal holidays provided 3-33 for in Code Section 1-4-1, from the date the state board 3-34 of education receives the notice of appeal. The decision 3-35 of the state board shall include notice of the right to 3-36 appeal the decision to the superior court of the county 3-37 wherein the local board of education is located and shall 3-38 clearly describe the procedure and requirements for such 3-39 an appeal which are provided in this subsection and in 3-40 subsection (d) of this Code section. Any party aggrieved 3-41 thereby may appeal to the superior court of the county 3-42 wherein the local board of education is situated. Such 3-43 appeal shall be filed in writing within 30 days, except 3-44 for appeals arising under Code Sections 20-2-750 through 3-45 20-2-759 which shall be filed within 20 days, after -3- (Index) LC 19 2973S 4- 1 receipt of the decision of the state board. Within ten 4- 2 days after filing of such appeal, it shall be the duty of 4- 3 the State School Superintendent to transmit to the 4- 4 superior court a copy of the record and transcript sent up 4- 5 from the local board as well as the decision and any order 4- 6 of the state board, certified as true and correct." SECTION 3. 4- 7 All laws and parts of laws in conflict with this Act are 4- 8 repealed. -4- (Index)

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