O.C.G.A.

O.C.G.A. § 20-2-751.1 (2019)

Expulsion and disciplinary policy for students bringing weapons to school

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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 of not less than one calendar year; provided, however, that a hearing officer,

ELEMENTARY & SECONDARY EDUC.

tribunal, panel, administrator, superintendent, or local board of education shall have the authority to modify such expulsion requirement on a case-by-case basis.

(b) A hearing officer, tribunal, panel, superintendent, or local board of education shall be authorized to place a student determined to have brought a firearm, dangerous weapon, or hazardous object to school in an alternative educational setting.

(c) Nothing in this Code section shall 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.

History

Code 1981, § 20-2-751.1, enacted by Ga.

L. 1995, p. 1072, § 4; Ga. L. 2014, p. 432, § 1-4/HB 826.

Annotations

RESEARCH REFERENCES ALR. School’s violation of parents’ substantive due process rights due to their child’s

suspension or expulsion, 91 A.L.R.6th 365.