2020 Georgia Code
Title 20 - Education
Chapter 2 - Elementary and Secondary Education
Article 16 - Students
Part 2 - Discipline
Subpart 2 - Public School Disciplinary Tribunals
§ 20-2-751.1. Expulsion and Disciplinary Policy for Students Bringing Weapons to School
- 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, tribunal, panel, administrator, superintendent, or local board of education shall have the authority to modify such expulsion requirement on a case-by-case basis.
- 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.
- 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.
(Code 1981, §20-2-751.1, enacted by Ga. L. 1995, p. 1072, § 4; Ga. L. 2014, p. 432, § 1-4/HB 826.)
The 2014 amendment, effective July 1, 2014, substituted the present provisions of subsection (a) for the former provisions, which read: "Each local board of education shall establish a policy requiring the expulsion from school for a period of not less than one calendar year of any student who is determined, pursuant to this subpart, to have brought a weapon to school."; deleted former subsection (b), which read: "The local board of education shall have the authority to modify such expulsion requirement as provided in subsection (a) of this Code section on a case-by-case basis."; redesignated former subsections (c) and (d) as present subsections (b) and (c), respectively; and, in present subsection (b), near the end, inserted "firearm, dangerous" and inserted ", or hazardous object".
- School's violation of parents' substantive due process rights due to their child's suspension or expulsion, 91 A.L.R.6th 365.