Cobb County School District Administrative Rules

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 or 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 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 local 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.
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 Board of Education so requests; or

(2) The decision of the Cobb County Board of Education 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 or 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.

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 school 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 of Education unless either party shall appeal the decision in accordance
        with the appeal provisions set forth in this policy.
    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 local 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 through the Policy and Planning Division.
    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 of Education 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 of Education 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 of
        Education.
    3. Upon the appeal of a decision of the Hearing Panel or Hearing Officer to the Board of
        Education, 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 of Education 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 decision of the Cobb County Board of Education 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 policy 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.
        b. Transitional Learning Center (TLC):

(1) Middle and high school students under long-term suspension or expulsion for

less than a calendar year may attend the Transitional Learning Center (TLC) to

make-up work for credit during the thirty (30) school days discussed in Item

G(3)(a) above.

(a) Attendance during a suspension over six days will be a voluntary choice

made by parents/guardians.

(b) Parents/guardians will notify the school if they are utilizing TLC for the
thirty days/duration of the suspension/expulsion.

expected to complete the time assigned.

(2) TLC students who violate TLC rules or exhibit inappropriate behavior will be

dismissed from the program. Parents/guardians will be contacted to come to

TLC and pick up their student and the remainder of the suspension time will be

served at home.

(3) Disciplinary offenses committed while at TLC may result in additional discipline

or suspension days that may not be served at TLC.

(4) Students who are suspended while attending the TLC or the alternative school

shall not be allowed to attend the TLC to make-up their work during these thirty

(30) school days, but will be allowed to make-up that work at home.

        c. It will be the responsibility of the student/parent to pick up the work from the local
            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. At the discretion of the principal or designee,

parents/guardians may also discuss school assistance with the transfer of student

            work to and from the TLC.
        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 policy 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 his 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 attend the alternative school 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 attend

alternative school pursuant to a contract. If the student violates the terms of the

        contract, he/she may forfeit the opportunity to attend the alternative school 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 Alternative School to the District administrator responsible

for the supervision of the Alternative School program. 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 alternative school during his or 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 and Planning 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