|
RATIONALE/OBJECTIVE:
A student may be
subject to Long-Term Suspension or Expulsion, as defined below, for the
violation of school rules and/or Rules of the Cobb County School District
(District), but only after the student has been afforded notice and an
opportunity for hearing and other procedural requirements set forth below
have occurred.
RULE:
A. DEFINITIONS:
1. "Long-Term Suspension" means the suspension of a student from school
for more
than ten (10) school days, but not beyond the current school quarter
or semester.
2. "Expulsion" means suspension or expulsion of a student from school
beyond the
current school quarter or semester.
B. DISABLED
STUDENTS:
When long-term suspension or expulsion is proposed to be administered to a
student who has been identified as disabled or is receiving any special
education services from the District, the due process procedures to be
followed are those outlined in
Rule JKDD (Student Conduct: Suspension/Expulsion of Disabled Students).
C. HEARING
PROCEDURES:
1. Notification:
a. When Long-Term Suspension or Expulsion is recommended by the
school and/or an
opportunity for a disciplinary hearing is required, and the
hearing is not waived or
may not be waived, the Principal shall provide, within 24 hours
of the initial
suspension, written notification of the hearing to the
student/parent/guardian. This
notification may be included in the required suspension letter.
The notification shall
include the following:
(1) A brief statement of the act(s) student is alleged to have
committed, along
with a copy of the Code of Conduct allegedly violated.
(2) The maximum penalty which may be administered for the
alleged misconduct.
(3) A copy of this Administrative Rule.
(4) The date, time and place for the hearing.
(5) The names of the witnesses expected to be called at the
hearing.
(6) A statement that a hearing is required for all recommended
suspensions or
expulsions over 10 days unless the parent/guardian/student
18 years old or
older
waives the hearing.
(7) If a student is alleged to have committed a physical threat
against a school
employee or an act of physical violence, as defined by
Rules
JICDA-E,
JICDA-M,
and
JICDA-H, a statement that a hearing is required, regardless of the
recommended discipline. However, the letter should state
that a disciplinary
hearing regarding a recommendation for a short-term
suspension (10 days of
OSS or less) may be
waived by the employee. A disciplinary hearing regarding
a recommendation for long-term out of school
suspension/expulsion (11 days of
OSS or more) may be waived by the employee and the
parent/guardian/student
18
years old or older.
(8) A statement that at the hearing the student is entitled to:
(a) Be represented by an advocate of his/her choice,
including an attorney if
so desired; and
(b) Subpoena witnesses and to other compulsory process upon
request.
(9) A statement that all parties are afforded an opportunity to
present and
respond to evidence and to examine and cross-examine
witnesses.
b. Delivery of Notification:
(1) This notice, along with a summary of hearing procedures (Form
JKDB-2) shall
be delivered to the student and his/her parent/guardian
either in person or by
regular first class mail and/or certified mail, return
receipt requested, to the
last known address of the parent or guardian.
(2) If notice is delivered in person, a written confirmation of
delivery shall be
obtained.
(3) Service shall be deemed to be perfected when the notice is
deposited in the
United States mail with sufficient postage addressed to the
last known address
of the parent/guardian.
2. Continuance:
Parties may request a hearing continuance from Policy, Planning and
Student
Support
Division. If a continuance is requested by the parent/guardian/student’s
representative, the student will continue to serve his/her recommended
discipline
during the
time of the continuance and until the hearing is conducted and the Hearing
Officer or
Hearing Panel has rendered a decision.
3. Waiver of Hearing:
a. If the student 18 years old or older/parent/guardian waive the
hearing, they may
do so by
furnishing to the Principal a signed written waiver form (Form
JKDB-1)
prior to
the notified time and date of the hearing. All waivers for recommended
long-term
suspension/expulsions of more than 20 school days must be processed
by the Supervisor of Policy, Planning and Student Support. All
other waivers may
be
processed at the school level by contacting the Principal or designee.
b. If no written waiver form is received, or if the hearing may not
be waived by the
student 18 years old or older/parent/guardian, the hearing will
be held as
scheduled,
whether or not the student/parent/guardian chooses to participate.
c.
Alternative Education Program Option:
(1) If the student is recommended for a 20 or more day
long-term suspension, the
parent/guardian may waive the hearing and request of the Hearing Officer
that
the
student be allowed to apply for enrollment in the District’s Alternative
Education Program (AEP) during the remainder of the suspension and through
the conclusion
of the nine weeks grading period.
(2) If the
student is not accepted into the program, he/she must serve the original
days
of suspension.
(3) If the
student is released from AEP for violation of his/her contract, he/she must
serve
the original suspension or and any additional consequences for this
behavior as contemplated by the AEP contract and the appropriate code of
conduct.
4. Record of
Proceedings:
a.
Electronic Recording:
A
verbatim recording of the hearing shall be made and shall be available to
all
parties. The cost of recording shall be borne by the District.
Parents/guardians/student’s legal counsel
may request a copy of the recording.
b. Written
Transcript:
A written
transcript will be prepared by the District if:
(1)
The Cobb County Board of Education (Board) so requests; or
(2)
The decision of the Board is appealed to the State Board of Education, in
which case the appealing party shall be responsible for the cost of
preparing
a written transcript of the student disciplinary hearing.
(a) If the appealing party is indigent and cannot pay the cost of the
transcript, he/she must file with the Superintendent or
designee an
Affidavit of Indigence to that effect (Form
JKDB-8).
(b) Upon receipt of the Affidavit, the Superintendent or designee may
inquire into the ability of the appealing party
to pay for the transcript.
(c) After a hearing, the Superintendent or designee may order the
appealing party to pay for the transcript by a
certain date. Such order
may be appealed pursuant to State Board of
Education Rule 160-1-3-
.04, School Law Tribunals and Appeals.
5. Burden of Proof:
The burden of
proof shall be on the school, and it shall be entitled to open and
conclude.
6. Legal Representation/Involvement of an Attorney:
If
the student is represented by an attorney, the Board attorney shall be
present and
present
the school’s case if requested by the Principal. If not presenting the
school’s
case, the Board
attorney shall advise the Hearing Officer or Panel. The
student/parent/guardian must notify the Hearing Officer no less than 48
hours prior to
the hearing if
the student will be represented by an attorney. Failure to give such
notice will
result in the hearing being continued so that the Board's attorney can be
present.
7. Presentation of Evidence:
The
evidence for the school shall be presented to the Superintendent's designee.
The
administrator
representing the school, the Board attorney, the student's
representative, the Hearing Officer, and any member of the Hearing Panel are
entitled
to question
witnesses about any matters which are relevant to the charges against
the student or
the appropriate discipline. The Hearing Officer or Hearing Facilitator
has the
authority to limit unproductively long or irrelevant questioning by
non-panel
members. The
Hearing Officer or Hearing Facilitator shall have the right to allow into
evidence prior
acts showing a course of conduct leading to the acts in question.
8. Procedural Objections:
Objections to
the sufficiency of the notice and or other procedural objections shall be
waived unless written notice thereof is filed with the Hearing
Officer no less than 24
hours prior to the time that the hearing is scheduled to begin. The
hearing may be
postponed until such defects have been removed or remedied.
D. HEARING OFFICER:
1. A District office administrator will serve as the Superintendent’s
designee to sit as the
District’s Hearing Officer.
2. The Hearing Officer will hear all student hearings except in cases
where the school has
recommended permanent expulsion. (See below)
3. The Hearing Officer shall have the authority to rule on Code of
Conduct violations and
assign consequences during hearings.
4. During the hearing, the Hearing Officer will serve as the presiding
officer and will rule
on issues of law and admissibility of evidence presented during the
hearing.
5. The decision of the Hearing Officer shall be final and shall
constitute the decision of
the Board unless either party shall appeal the decision in
accordance with the appeal
provisions set
forth in this Rule.
6. The Hearing Officer shall render a written decision at the end of the
hearing and shall
give a copy of the decision to the student and parent/guardian and
the Principal at
the close of the hearing. The decision will include appeal
information. If neither the
parent/guardian nor student attends the hearing, the decision will
be mailed within ten
(10) calendar
days of the hearing. The Hearing Officer shall maintain the District’s
records of the
hearing.
E. HEARING PANEL:
1. A three administrator Hearing Panel will be convened to hear cases in
which
permanent
expulsion is recommended by the school.
2. The pool of Hearing Panel members shall be comprised of all school
administrators and
some District
office personnel, including the Hearing Officer. Hearing Panel members
shall serve on
a rotating basis. The list of all Hearing Panel members in the pool is
available from
Policy, Planning and Student Support.
3. The District Hearing Officer shall be one of the Panel members and
will also serve as
the Panel’s presiding officer to rule on issues of law and
admissibility of evidence.
4. When a Hearing Panel is utilized, at least two-thirds vote shall be
required for a
decision, and the Hearing Panel shall base its decision solely on
the evidence received
at the hearing.
5. The decision of the Hearing Panel shall be final and shall constitute
the decision of
the Board unless either party shall appeal the decision in
accordance with the appeal
provisions set
forth below.
6. The Hearing Panel shall render a written decision at the end of the
hearing and shall
give a copy of the decision to the student/parent/guardian and the
Principal at
the close of the hearing. The decision will include appeal
information. If neither the
parent/guardian nor student attends the hearing, the decision will
be mailed within ten (10) calendar days of the hearing. The Hearing
Officer shall maintain the District’s
records of the
hearing.
F. APPEALS:
1. Any party may appeal the decision of the Hearing Officer or Hearing
Panel to the
Board by
filing with the Superintendent a written notice of appeal within twenty (20)
calendar days
of the Hearing Officer or Hearing Panel's date of decision.
2. The Superintendent shall have the authority to suspend the decision
of the Hearing
Officer or Hearing Panel during the period of appeal by the accused
to the Board.
3. Upon the appeal of a decision of the Hearing Panel or Hearing Officer
to the Board, the
Board must
render its decision within 10 days, excluding weekends and public and
legal
holidays, from the date the Board receives notice of the appeal. The
decision
shall be in
writing and a copy shall be provided to the student/parent/guardian, the
Principal, and
Superintendent.
4. The Board will make its decision on the appeal in Executive Session.
The parties shall
have the right
to be represented by legal counsel during the appeal. The Board's
review will be
based solely on the record and written briefs submitted by the student
or his counsel
and counsel for the school administration, if briefs are submitted. The
Board shall
not hear any oral arguments as part of an appeal nor shall it consider any
evidence that
was not presented to the hearing panel.
5. The Board may take any action it deems appropriate.
6. Any party may appeal the Board’s decision of the to the State Board
of Education
pursuant to
O.C.G.A. § 20-2-1160(b) through (f). If an appeal to the State Board is
requested, a
written transcript of the disciplinary hearing will be prepared and
submitted to
the State Board.
G. ACTIVITIES WHILE
UNDER LONG-TERM SUSPENSION OR EXPULSION:
1. Students under Long-Term Suspension or Expulsion shall not
participate in or attend
school activities on or off campus or be present on any other Cobb
County School
campus. Students violating this Rule are subject to additional
penalties.
2. Students under a long-term suspension or expulsion shall not be given
academic
credit for work completed by the student through any home study or
distance learning
program.
3. Less than a Calendar Year:
a. Students under a long-term suspension or an expulsion for
less than a calendar
year, shall be allowed to receive credit for class work missed
during the time of
suspension or expulsion, but for no more than a total of thirty
(30) school days
during a school year. A student will earn a grade of "0" on
graded class work
missed beyond the thirty (30) school days.
c. It will be the responsibility of the student/parent to pick up
the work from the
school, complete the work during the suspension or expulsion,
and return it to the
teachers on the first day the student returns to school
following a suspension or
expulsion. Long-term assignments are also due the day the
student returns from
the suspension or expulsion.
d. If a
student/parent fails to pick up work during a suspension or expulsion that
has
been prepared by the student’s teacher(s), the student may
forfeit his/her right to
make-up work under this Rule during additional suspensions or
expulsions during
the school
year.
e. A student may take final examinations and turn in long-term
assignments
assigned before the suspension or expulsion that are due during
the suspension or
expulsion. The Principal shall provide for the student’s taking
of final examinations.
The examinations will occur either at the given time or through
some special
arrangement at the discretion of the Principal or designee.
4. Students who are permanently expelled are withdrawn from the District
on the date of
the expulsion and are only eligible to turn in assignments due prior
to the date of the
permanent expulsion.
5. Schools may recommend that a student be allowed to attend the
Alternative Education
Program (AEP)
during his/her long-term suspension/expulsion. Upon this
recommendation
or a decision of the District Hearing Officer/Tribunal, expelled/long-
term suspended
students may apply to attend AEP pursuant to a contract. If the
student
violates the terms of the contract, he/she may forfeit the opportunity to
attend the AEP
during the remainder of his/her expulsion or long-term suspension,
pursuant to
the Order of the Hearing Officer/Tribunal and/or the terms of the contract.
The student
may appeal his/her dismissal from the AEP to the District administrator
responsible
for the supervision of the AEP. The student may also receive further
discipline, in
addition to the reinstatement of his/her expulsion or long-term
suspension.
6. Summer Activities:
If a student is suspended or expelled for less than one (1) calendar
year or is
permitted to attend the AEP during his/her expulsion and the
student’s
suspension/expulsion carries over the summer from one academic year to the
next, the
student may be
eligible to attend summer school and/or participate in non-GHSA
sanctioned
extra-curricular activities. The Principal or designee should consult with
Policy,
Planning and Student Support prior to informing a student of this
possibility.
H. SPECIAL
EDUCATION STUDENTS:
Nothing in
this Rule shall be interpreted to infringe on any right provided to students
by
the federal
Individuals with Disabilities Act, Section 504 of the federal Rehabilitation
Act,
or the federal
Americans with Disabilities Act.
Adopted: 7/22/82
Reclassified an Administrative Rule: 9/1/04
Revised: 4/13/83; 8/8/84; 3/23/89; 7/23/92; 1/13/93, 8/11/93; 8/25/94;
6/26/97; 5/28/98; 5/27/99; 6/22/00; 9/18/00; 5/24/01; 6/27/02; 10/24/02;
4/22/04; 7/14/04; 8/10/05; 7/1/06; 12/14/06; 6/13/07; 7/1/08 |