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2018 Georgia Code 20-2-751 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 20-2-751 Case Law from Google Scholar Amendments to OCGA 20-2-751

TITLE 20 EDUCATION

Section 2. Elementary and Secondary Education, 20-2-1 through 20-2-2180.

ARTICLE 16 STUDENTS

20-2-751. Definitions.

As used in this subpart, the term:

  1. "Dangerous weapon" shall have the same meaning as set forth in Code Section 16-11-121.
  2. "Expulsion" means expulsion of a student from a public school beyond the current school quarter or semester.
  3. "Firearm" shall have the same meaning as set forth in Code Section 16-11-127.1.
  4. "Hazardous object" means any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any instrument of like kind, any nonlethal air gun, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. Such term shall not include any of these instruments used for classroom work authorized by the teacher.
  5. "Long-term suspension" means the suspension of a student from a public school for more than ten school days but not beyond the current school quarter or semester.
  6. "Short-term suspension" means the suspension of a student from a public school for not more than ten school days.

(Ga. L. 1979, p. 663, § 2; Ga. L. 1995, p. 1072, § 3; Ga. L. 2014, p. 432, § 1-3/HB 826.)

The 2014 amendment, effective July 1, 2014, added paragraph (1); redesignated former paragraph (1) as present paragraph (2); added paragraphs (3) and (4); redesignated former paragraphs (2) and (3) as present paragraphs (5) and (6), respectively; and deleted former paragraph (4), which read: "'Weapon' means a firearm as such term is defined in Section 921 of Title 18 of the United States Code."

JUDICIAL DECISIONS

Permanent expulsion of a student for disciplinary reasons was not contrary to law since the constitutional right to free public education may be limited and O.C.G.A. § 20-2-751 does not prohibit permanent expulsion; further, such expulsion does not conflict with or violate O.C.G.A. § 20-2-690.1, the compulsory attendance law. D.B. v. Clarke County Bd. of Educ., 220 Ga. App. 330, 469 S.E.2d 438 (1996).

Long-term suspension found.

- In a nursing school student's 42 U.S.C. § 1983 suit alleging that the college's administrators violated the student's U.S. Const., amend. XIV procedural due process rights, the court referenced O.C.G.A. § 20-2-751 in determining that the student's suspension was considered to be a long-term suspension because the suspension exceeded 10 days. Castle v. Marquardt, 632 F. Supp. 2d 1317 (N.D. Ga. 2009).

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