Announcement

Assault on a Teacher

ASSAULT ON A TEACHER

(3 laws)

 

TITLE 20.  EDUCATION  
CHAPTER 2.  ELEMENTARY AND SECONDARY EDUCATION  
ARTICLE 16.  STUDENTS  
PART 2.  DISCIPLINE  
SUBPART 2.  PUBLIC SCHOOL DISCIPLINARY TRIBUNALS

O.C.G.A. § 20-2-753  (2011)

§ 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


   (a) 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 longer than ten school days or an alleged assault or battery by a student upon any teacher or other school official or employee, if such teacher or other school official or employee so requests.

(b) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990.

HISTORY: Code 1981, § 20-2-753, enacted by Ga. L. 1984, p. 908, § 1; Ga. L. 1985, p. 149, § 20; Ga. L. 1986, p. 10, § 20; Ga. L. 2004, p. 107, § 16.

O.C.G.A. § 20-2-751.6  (Copy w/ Cite)

O.C.G.A. § 20-2-751.6

GEORGIA CODE
Copyright 2011 by The State of Georgia
All rights reserved.

*** Current Through the 2010 Regular Session ***
*** Annotations Current Through March 14, 2011 ***

TITLE 20.  EDUCATION  
CHAPTER 2.  ELEMENTARY AND SECONDARY EDUCATION  
ARTICLE 16.  STUDENTS  
PART 2.  DISCIPLINE  
SUBPART 2.  PUBLIC SCHOOL DISCIPLINARY TRIBUNALS

O.C.G.A. § 20-2-751.6  (2011)

§ 20-2-751.6.  Disciplinary policy for students committing acts of physical violence against teacher, school bus driver, or other school official or employee


   (a) As used in this Code section, the term "physical violence" means:

   (1) Intentionally making physical contact of an insulting or provoking nature with the person of another; or

   (2) 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 Section 16-3-21.

(b) Local board of education policies and student codes of conduct shall provide for the penalties to be assessed against a student found by a disciplinary hearing officer, panel, or tribunal pursuant to Code Section 20-2-752 to have committed any act of physical violence against a teacher, school bus driver, or other school official or employee. Such disciplinary hearing officer, panel, or tribunal shall hold any disciplinary hearing in accordance with the provisions of Code Section 20-2-754. Any student alleged to have committed an act of physical violence shall be suspended pending the hearing by the disciplinary hearing officer, panel, or tribunal. The decision of the disciplinary hearing officer, panel, or tribunal may be appealed to the local school board pursuant to Code Section 20-2-754. If appropriate under paragraph (1) of subsection (c) of this Code section, the decision of the disciplinary hearing officer, panel, or tribunal shall include a recommendation as to whether a student may return to public school and, if return is recommended, a recommended time for the student's return to public school. The local school board may impose penalties not recommended by the disciplinary hearing officer, panel, or tribunal.
   (c)(1) A student found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee shall be expelled from the public school system. The expulsion shall be for the remainder of the student's eligibility to attend public school pursuant to Code Section 20-2-150. The local school board at its discretion may permit the student to attend an alternative education program for the period of the student's expulsion. If the student who commits an act of physical violence is in kindergarten through grade eight, then the local school board at its discretion and on the recommendation of the disciplinary hearing officer, panel, or tribunal may permit such a student to reenroll in the regular public school program for grades nine through 12. If the local school board does not operate an alternative education program for students in kindergarten through grade six, the local school board at its discretion may permit a student in kindergarten through grade six who has committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section to reenroll in the public school system;

   (2) Any student who is found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence against a teacher, school bus driver, school official, or school employee as defined in paragraph (2) of subsection (a) of this Code section shall be referred to juvenile court with a request for a petition alleging delinquent behavior; and

   (3) Any student who is found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in paragraph (1) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee may be disciplined by expulsion, long-term suspension, or short-term suspension.

(d) The provisions of this Code section shall apply with respect to any local school system which receives state funding pursuant to Code Sections 20-2-161 and 20-2-260.

(e) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990.


GEORGIA CODE
Copyright 2011 by The State of Georgia
All rights reserved.

*** Current Through the 2010 Regular Session ***
*** Annotations Current Through March 14, 2011 ***

TITLE 20.  EDUCATION  
CHAPTER 2.  ELEMENTARY AND SECONDARY EDUCATION  
ARTICLE 16.  STUDENTS  
PART 2.  DISCIPLINE  
SUBPART 2.  PUBLIC SCHOOL DISCIPLINARY TRIBUNALS

O.C.G.A. § 20-2-755  (2011)

§ 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 modification by the local school board on appeal.

HISTORY: Code 1981, § 20-2-755, enacted by Ga. L. 1984, p. 908, § 1.
Title Note