Disciplinary Hearing Officer, Panel, or Tribunal to Hold Disciplinary Hearing Following Allegation of Assault and Battery or Recommended Suspension or Expulsion Exceeding 10 Days

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  1. In addition to any proceedings which are authorized in Code Section 20-2-752, local boards of education shall appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing following any instance of an alleged violation of the student code of conduct where the principal recommends a suspension or expulsion of longer than ten school days or an alleged assault or battery by a student upon any teacher or other school official or employee, if such teacher or other school official or employee so requests.
  2. Nothing in this Code section shall be construed to 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 of 1990.

(Code 1981, §20-2-753, enacted by Ga. L. 1984, p. 908, § 1; Ga. L. 1985, p. 149, § 20; Ga. L. 1986, p. 10, § 20; Ga. L. 2004, p. 107, § 16.)

RESEARCH REFERENCES

ALR.

- School's violation of student's substantive due process rights by suspending or expelling student, 90 A.L.R.6th 235.

School's violation of parents' substantive due process rights due to their child's suspension or expulsion, 91 A.L.R.6th 365.


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