2022 Georgia Code
Title 20 - Education
Chapter 2 - Elementary and Secondary Education
Article 16 - Students
Part 2 - Discipline
Subpart 4 - Alternative Educational Systems
§ 20-2-768. Expulsion or Suspension of Students for Felonies; Alternative Educational System; Policy

Universal Citation: GA Code § 20-2-768 (2022)
  1. Each local board of education is authorized to refuse to readmit or enroll any student who has been suspended or expelled for being convicted of, being adjudicated to have committed, being indicted for, or having information filed for the commission of any felony or any delinquent act under Code Sections 15-11-602 and 15-11-707 which would be a felony if committed by an adult. If refused readmission or enrollment, the student or the student’s parent or legal guardian has the right to request a hearing pursuant to the procedures provided for in Code Section 20-2-754.
  2. A hearing officer, tribunal, panel, superintendent, or local board of education shall be authorized to place a student denied enrollment in a local school system under subsection (a) of this Code section in an alternative educational system as appropriate and in the best interest of the student and the education of other students within the school system.
  3. It is the policy of this state that it is preferable to reassign disruptive students to alternative educational settings rather than to suspend or expel such students from school.

History. Code 1981, § 20-2-768 , enacted by Ga. L. 1997, p. 1436, § 9; Ga. L. 2000, p. 20, § 18; Ga. L. 2000, p. 618, § 66; Ga. L. 2013, p. 294, § 4-39/HB 242.

Editor’s notes.

Ga. L. 1997, p. 1436, § 1, not codified by the General Assembly, provides that the Act shall be known and may be cited as the “School Safety Act.”

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”

Law reviews.

For article commenting on the enactment of this Code section, see 14 Ga. St. U.L. Rev. 155 (1997).

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