O.C.G.A.

O.C.G.A. § 20-2-751 (2019)

Definitions

✓ 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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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.

History

Ga. L. 1979, p. 663, § 2; Ga. L. 1995, p.

1072, § 3; Ga. L. 2014, p. 432, § 1-3/HB 826.

Annotations

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 Ga. App. LEXIS 185 (1996), cert. denied, No. S96C0997, 1996 Ga. LEXIS 844 (Ga. May 17, 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, 2009 U.S. Dist. LEXIS 57859 (N.D. Ga. 2009), aff’d, 627 F.3d 1366, 2010 U.S. App. LEXIS 25911 (11th Cir. 2010), aff’d, 631 F.3d 1194, 2011 U.S. App. LEXIS 1691 (11th Cir. 2011).

Notes of Decisions

Cited in 4 cases, 1996–2013 · leading case: D. B. v. Clarke Cnty. Bd. of Educ., 469 S.E.2d 438 (Ga. Ct. App. 1996).

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D. B. v. Clarke Cnty. Bd. of Educ., 469 S.E.2d 438 (Ga. Ct. App. 1996). · cites it 6× “OCGA § 20-2-751 defines expulsion as “expulsion of a student from a public school beyond the current school quarter or semester.”

Fulton Cnty. Bd. of Educ. v. D. R. H., 752 S.E.2d 103 (Ga. Ct. App. 2013). · cites it 2× “Pursuant to OCGA § 20-2-751: (1) “Expulsion” means expulsion of a student from a public school beyond the current school quarter or semester.”

Castle v. Marquardt, 632 F. Supp. 2d 1317 (N.D. Ga. 2009). · cites it 2× “See O.C.G.A. § 20-2-751. 23 . Additionally, the court notes that plaintiffs chief complaint about the Ellijay site was that Clayton, her nemesis at the College and the beneficiary of supposed favoritism, had previously worked there.”

Fulton Cnty. Bd. of Educ. v. D. R. H. (Ga. Ct. App. 2013). · cites it 2× “” On appeal, the Local Board seeks reversal of the superior court’s order, contending that 1 Pursuant to OCGA § 20-2-751: “(1) ‘Expulsion’ means expulsion of a student from a public school beyond the current school quarter or semester.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.