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Brenda Turner
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State Board Decisions

The State Board of Education decides appeals of decisions rendered by local boards of education in matters of school law pursuant to O.C.G.A. 20-2-1160. The appeals primarily involve matters relating to student discipline and the discipline and termination of certificated personnel, although any matter of school law can be appealed. The State Board has been issuing written decisions in these appeals since the 1970's. Eventually all written decisions of the State Board will be posted on the web in a searchable format.

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Appellant

vs.

Appellee
2006-84 Laura Mallory vs. Gwinnett County Board of Education
Laura Mallory, a parent in Gwinnett County, (Appellant) has appealed a decision by the Gwinnett County Board of Education (Local Board) to keep the “Harry Potter” books, written by J. K. Rowling, in the media centers of the Gwinnett...
2006-83 Julett Carnahan vs. Butts County Board of Education
This is an appeal by Julett Carnahan (“Appellant”) from a decision by the Butts County Board of Education (“Local Board”) to terminate her contract as a counselor on the grounds of incompetence and other good and sufficient cause under the provisions of O.C.G.A. § 20-2-940. Appellant claims...
2006-82 D.H. vs. Morgan County Board of Education
This is an appeal by D. H. (Student) from a decision by the Morgan County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to expel him permanently from his regular...
2006-81 Anita Brown vs. McDuffie County Board of Education
This is an appeal by Anita Brown (Appellant) from a decision by the McDuffie County Board of Education (Local Board) not to renew her teaching contract for the...
2006-80 P.S. vs. Clarke County Board of Education
This is an appeal by P. S. (Student) from a decision by the Clarke County Board of Education to uphold the decision of a student disciplinary tribunal to expel him from regular school until the end of the first semester of the 2006-2007 school year...
2006-79 R.J. vs. Atlanta City Board of Education
This is an appeal by R. J. (Student) from a decision by the Atlanta City Board of Education that found him guilty of sexual misconduct on campus and having pornography on his computer. Since...
2006-78 Deborah Clark vs. Grady County Board of Education
Upon written request of the appellant, the appeal herein is hereby DISMISSED....
2006-77 R.M. vs. Gwinnett County Board of Education
This is an appeal by R. M. (Student) from a decision by the Gwinnett County Board of Education to uphold the decision of a student disciplinary tribunal to expel her from regular school until January 1, 2007, with the...
2006-76 Glenn Dowell vs. Atlanta City Board of Education
This is an appeal by Glenn Dowell (Appellant) from a decision by the Atlanta City Board of Education (Local Board) to deny him a hearing under the provisions of O.C.G.A. § 20-2-940 following his contract termination by the Local Superintendent. The Local Board made its decision without giving Appellant an opportunity...
2006-75 A.N. vs. Cobb County Board of Education
This is an appeal by A. N. (Student) from a decision by the Cobb County Board of Education to uphold the decision of a student disciplinary tribunal to expel him until the end of the 2006-2007 school year with the opportunity to attend an alternative school during the 2006-2007 school year after finding...
2006-74 C.N. vs. Cobb County Board of Education
This is an appeal by C. N. (Student) from a decision by the Cobb County Board of Education to uphold the decision of a student disciplinary tribunal to assign him to an alternative school through the end of the 2006-2007...
2006-73 B.J. vs. Burke County Board of Education
This is an appeal by B. J. (Student) from a decision by the Burke County Board of Education to uphold the decision of a student disciplinary tribunal to permanently expel him from regular school after finding him guilty of theft, disrespectful...
2006-72 A.L. vs. Gwinnett County Board of Education
This is an appeal by A. L. (Student) from a decision by the Gwinnett County Board of Education to uphold the decision of a student disciplinary tribunal to suspend him from regular school through the end of the 2006-2007 school year...
2006-71 J.H. vs. Cobb County Board of Education
This is an appeal by J. H. (Student) from a decision by the Cobb County Board of Education to suspend him for twenty- five school days and then assign him to an alternative school until the end of the 2006-2007 school year...
2006-70 K.J. vs. Gwinnett County Board of Education
Upon written request of the appellant, the appeal herein is hereby DISMISSED. ...
2006-69 Jennifer Johnson and Louis M. Ryan vs. Bibb County Board of Education
This is a case of first impression regarding the interpretation of O.C.G.A. § 20-2-211(e), which permits the issuance of “provisional” contracts for the purpose of obtaining criminal background checks on new employees...
2006-68 A.J. vs. Atlanta City Board of Education
This is an appeal by A. J. (Student) from a decision by the Atlanta City Board of Education to uphold the decision of a student disciplinary tribunal to place him on probation until May 26, 2006 after finding him guilty of fighting with another student in school. The Student claims that...
2006-67 J.I. vs. Gwinnett County Board of Education
Upon written request of the appellant, the appeal herein is hereby DISMISSED. ...
2006-66 M.W. vs. DeKalb County Board of Education
This is an appeal by M. W. (Student) from a decision by the DeKalb County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to expel him until the end of the 2006-2007 school year, with the option of attending an...
2006-65 N.R. vs. Troup County Board of Education
This is an appeal by N. R. (Student) from a decision by the Troup County Board of Education to uphold the decision of a student disciplinary tribunal to suspend him from regular school for seven (7) school days after finding...
2006-64 S.S. vs. Fayette County Board of Education
This is an appeal by S. S. (Student) from a decision by the Fayette County Board of Education to expel her until the end of the 2005-2006 school year after finding her guilty of possessing illegal drugs and violating...
2006-63 S.S. vs. Fulton County Board of Education
Upon written request of the appellant, the appeal herein is hereby DISMISSED. ...
2006-62 R.S. and C.S. vs. Atlanta City Board of Education
This is an appeal by R. S. and C. S. (Students) from a decision by the Atlanta City Board of Education to uphold the decision of a student disciplinary tribunal to assign them to another school until the end of the 2005-2006 school year...
2006-61 R.C. vs. Greene County Board of Education
This is an appeal by R. C. (Student) from a decision by the Greene County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to...
2006-60 S.M. vs. Gwinnett County Board of Education
This is an appeal by S. M. (Student) from a decision by the Gwinnett County Board of Education (Local Board) to uphold the decisio n of a student disciplinary tribunal to expel him for one year after finding him guilty of possessing stolen property, being absent from class without authorization,...
2006-59 Connie Starks vs. Atlanta City Board of Education
This is an appeal by Connie Starks (Appellant) from a decision by the Atlanta City Board of Education (Local Board) to terminate her contract based upon other good and sufficient cause under...
2006-58 Sandra Bland-Jones vs. Atlanta City Board of Education
This is an appeal by Sandra Bland-Jones (Appellant) from a decision by the Atlanta City Board of Education (Local Board) to terminate her teaching contract based upon charges of willful neglect of duty and other good and sufficient cause under the provisions of O.C.G.A. § 20-2-940 after...
2006-57 Sean Blass vs. Atlanta City Board of Education
This is an appeal by Sean Blass (Appellant) from a decision by the Atlanta City Board of Education (Local Board) to terminate his 2005-2006 teaching contract because of insubordination and other good...
2006-56 A.A. vs. Rockdale County Board of Education
This is an appeal by A. A. (Student) from a decision by the Rockdale County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to expel him through the first semester of the 2006-2007 school year after finding him guilty of striking another...
2006-55 E.C. vs. Douglas County Board of Education
This is an appeal by E. C. (Student) from a decision by the Douglas County Board of Education (Local Board) to uphold the decision of the student disciplinary tribunal to expel her until the beginning of the 2007-2008 school year after finding her guilty of fighting in school and hitting a teacher. The...
2006-54 G. F. vs. Gwinnett County Board of Education,
This is an appeal by G. F. (Student) from a decision by the Gwinnett County Board of Education to uphold the decision of a student disciplinary tribunal that found him guilty of battery on a school employee and other charges that resulted from an altercation with an assistant principal. The Student is enrolled in special education classes and, therefore, was not disciplined but, instead, was referred to an individualized educational program committee.1 Because the school system did not take any disciplinary action against the Student, there is no relief that the State Board of Education can provide, thus making the appeal moot. Additionally, the Student failed to file a brief or request oral argument. The Student’s appeal, therefore, is deemed to have been abandoned. Chris M. v. McIntosh Cnty. Bd. of Educ., Case No. 1995-47 (Ga. SBE, Jan. 11, 1996). Accordingly, the appeal is hereby DISMISSED....
2006-53 J. K. vs. Gwinnett County Board of Education,
This is an appeal by J. K. (Student) from a decision by the Gwinnett County Board of Education to uphold the decision of a student disciplinary tribunal that found him guilty of smoking marijuana on a school bus. The Student is enrolled in special education classes and, therefore, was not disciplined but, instead, was referred to an individualized educational program committee.1 Because the school system did not take any disciplinary action against the Student, there is no relief that the State Board of Education can provide, thus making the appeal moot. Additionally, the Student failed to file a brief or request oral argument. The Student’s appeal, therefore, is deemed to have been abandoned. Chris M. v. McIntosh Cnty. Bd. of Educ., Case No. 1995-47 (Ga. SBE, Jan. 11, 1996). Accordingly, the appeal is hereby DISMISSED....
2006-52 R. W. vs. Houston County Board of Education,
This is an appeal by R. W. (Student) from a decision by the Houston County Board of Education to uphold the decision of a student disciplinary tribunal to expel him from regular school through the first semester of the 2006-2007 school year after finding him guilty of extreme disrespect and swearing on a bus. The Student failed to file a brief or request oral argument. The Student’s appeal, therefore, is deemed to have been abandoned. Chris M. v. McIntosh Cnty. Bd. of Educ., Case No. 1995-47 (Ga. SBE, Jan. 11, 1996). Accordingly, the appeal is hereby DISMISSED....
2006-51 Ethelyn Lumpkin vs. Pelham City Board of Education,
This is an appeal by Ethelyn Lumpkin (Appellant) from a decision by the Pelham City Board of Education (Local Board) to terminate her contract as a counselor under the provisions of O.C.G.A. § 20-2-940 based upon charges of incompetency, insubordination, willful neglect of duties, and other good and sufficient cause. Appellant claims that she was denied due process because she was not permitted to voir dire the members of the Local Board, the Local Board’s attorney served as the hearing officer, she was denied access to documents, the hearing was not held within the required time, and she was denied an opportunity to present her evidence. The Local Board’s decision is sustained....
2006-50 K. S. vs. Troup County Board of Education,
This is an appeal by K. S. (Student) from a decision by the Troup County Board of Education to uphold the decision of a student disciplinary tribunal to expel him from regular school until the end of the first semester of the 2005-2006 school year after finding him guilty of disruptive conduct in the school. The Student failed to file a brief or request oral argument. The Student’s appeal, therefore, is deemed to have been abandoned. Chris M. v. McIntosh Cnty. Bd. of Educ., Case No. 1995-47 (Ga. SBE, Jan. 11, 1996). Accordingly, the appeal is hereby DISMISSED....
2006-49 Karen Isenhower vs. Troup County Board of Education,
This is an appeal by Karen Isenhower (Appellant) from a decision by the Troup County Board of Education (Local Board) that she was not a resident of Troup County and, therefore, could not enroll her son in the Troup County School System. Appellant claims that the evidence supports her claim that she is a resident of Troup County. The Local Board’s decision is sustained....
2006-48 M. H. vs. Gwinnett County Board of Education,
This is an appeal by M. H. (Student) from a decision by the Gwinnett County Board of Education to uphold the decision of a student disciplinary tribunal to suspend him from regular school until January 1, 2006 after finding him guilty of distributing a prescription drug at school. The Student failed to file a brief or request oral argument. The Student’s appeal, therefore, is deemed to have been abandoned. Chris M. v. McIntosh Cnty. Bd. of Educ., Case No. 1995-47 (Ga. SBE, Jan. 11, 1996). Accordingly, the appeal is hereby DISMISSED....
2006-47 J. S. vs. DeKalb County Board of Education,
This is an appeal by J. S. (Student) from a decision by the DeKalb County Board of Education (Local Board) that upheld a student disciplinary tribunal’s finding that he was guilty of vandalism to school property, aggravated battery, threatening students, and rude behavior to school personnel. Upon hearing the Student’s appeal, the Local Board permitted the Student to reenter regular school immediately, i.e., on December 4, 2005. The Student claims that the evidence did not support the charges....
2006-46 S. S. vs. Muscogee County Board of Education,
This is an appeal by S. S. (Student) from a decision by the Muscogee County Board of Education to uphold the decision of a student disciplinary tribunal to expel her from regular school for the remainder of the 2005-2006 school year after finding her guilty of assault against another student. The Student failed to file a brief or request oral argument. The Student’s appeal, therefore, is deemed to have been abandoned. Chris M. v. McIntosh Cnty. Bd. of Educ., Case No. 1995-47 (Ga. SBE, Jan. 11, 1996). Accordingly, the appeal is hereby DISMISSED....
2006-45 A. M. vs. Gwinnett County Board of Education,
This is an appeal by A. M. (Student) from a decision by the Gwinnett County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to expel him from regular classes until May 25, 2006, with the option of attending an alternative school during the expulsion period, after finding him guilty of possessing a razor blade in school. The Student claims that the punishment was too harsh because he did not have any intent to do any harm. The Local Board’s decision is sustained....
2006-44 H. B. vs. Muscogee County Board of Education,
This is an appeal by H. B. (Student) from a decision by the Muscogee County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to expel her for the remainder of the 2005-2006 school year after finding her guilty of possessing a knife on campus. The Student argues that the punishment is too harsh. The Local Board’s decision is sustained....
2006-43 M. R. vs. Henry County Board of Education,
This is an appeal by M. R. (Student) from a decision by the Henry County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to expel him for the remainder of the 2005-2006 school year, with the opportunity to attend an alternative school during his expulsion period, after finding him guilty of having a knife at school. The Student claims that the proceedings were unfair. The decision of the Local Board is sustained....
2006-42 K. S. vs. Henry County Board Of Education,
This is an appeal by K. S. (Student) from a decision by the Henry County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to expel him until May 31, 2006, after finding him guilty of engaging in a physical altercation with another student. The Student claims that the school system failed to initiate progressive discipline, the punishment is too harsh, the discipline was racially motivated, and he was denied due process because an assistant principal, rather than the principal, presented the case to the tribunal. The Local Board’s decision is sustained....
2006-41 C. E. vs. Gwinnett County Board Of Education,
This is an appeal by C. E. (Student) from a decision by the Gwinnett County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to suspend him from regular school until January 1, 2006, after finding him guilty of having a razor, a lighter, and tobacco products in his vehicle on school property. The Student claims that the search of his vehicle was unreasonable and the results of the search should not have been the basis for any punishment. The suspension period has passed and the State Board cannot provide the Student with any relief, thus making the issues raised and the appeal moot. Accordingly, the appeal is dismissed....
2006-40 Gregory Leontovich vs. Cobb County Board of Education
This is an appeal by Gregory Leontovich (Appellant) from a decision by the Cobb County Board of Education (Local Board) to terminate his teaching contract under the provisions of O.C.G.A. § 20-2-940 because of incompetence, insubordination, and other good and sufficient causes...
2006-39 Latonia McDaniels vs. Atlanta City Board Of Education,
This is an appeal by Latonia McDaniels (Appellant) from a decision by the Atlanta City Board of Education (Local Board) that she was not entitled to a hearing on its decision not to renew her teaching contract. The Local Board’s decision is reversed....
2006-38 T. G. vs. Floyd County Board Of Education,
This is an appeal by T. G. (Student) from a decision by the Floyd County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to suspend her for the remainder of the first semester of the 2005-2006 school year after finding her guilty of engaging in improper contact with another student on campus. The Student claims that she was denied special education services under the Individuals with Disabilities Education Act, 20 U.S.C. Secs. 1400 et seq. (the "Act" or "IDEA"), she was denied due process because evidence was improperly admitted and the hearing was not held within ten school days, and the evidence presented by the school system was not credible. The suspension period has passed and the State Board of Education cannot provide the Student with any relief, thus making all issues raised moot. The appeal, therefore, is dismissed....
2006-37 J. S. vs. Gwinnett County Board Of Education,
This is an appeal by J. S. (Student) from a decision by the Gwinnett County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to give him a five day in-school suspension after finding that he supplied fireworks that were set off at a football game and lied about his involvement in the incident. The Student claims that the evidence against him was not credible. The suspension period has already passed and there is no relief that the State Board of Education can grant to the Student, thus making the issues raised moot. Since the State Board of Education cannot provide the Student with any relief, the appeal is dismissed as moot....
2006-36 Holly Sumler vs. Cobb County Board Of Education,
Upon written request of Appellant, the appeal is hereby DISMISSED....
2006-35 R.B. vs. Muscogee County Board of Education
This is an appeal by R. B. (Student) from a decision by the Muscogee County Board of Education (Local Board) to uphold the decisio n of a student disciplinary tribunal to expel him permanently after finding him guilty of engaging in gang activities and creating a school disturbance. The...
2006-34 G. H. vs. Gwinnett County Board Of Education,
This is an appeal by G. H. (Student) from a decision by the Gwinnett County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to expel him for one year until October 12, 2006, after finding him guilty of vandalizing a school employee’s private property, committing arson, possessing fireworks, lying, taking school property, and causing a disruption at a football game. The Student claims that he was denied due process and equal protection, that the tribunal panel was biased, and that the punishment was too harsh. The Local Board’s decision is sustained....
2006-33 D. R. vs. Gwinnett County Board Of Education,
This is an appeal by D. R. (Student) from a decision by the Gwinnett County Board of Education to uphold the decision of a student disciplinary tribunal to suspend him from regular school from September 1, 2005, until September 12, 2005, after finding him guilty of sexual harassment. The Student failed to file a brief or request oral argument. The Student’s appeal, therefore, is deemed to have been abandoned. Chris M. v. McIntosh Cnty. Bd. of Educ., Case No. 1995-47 (Ga. SBE, Jan. 11, 1996). Additionally, because the period of expulsion has passed, the State Board of Education cannot provide the Student with any relief and the issues raised are, therefore, moot. Accordingly, the appeal is hereby DISMISSED....
2006-32 U. S. vs. Fulton County Board Of Education,
This is an appeal by U. S. (Student) from a decision by the Fulton County Board of Education (Local Board) that upheld the finding by a student disciplinary tribunal that he assaulted a school resource officer. Neither the Local Board nor the tribunal sought to impose any punishment because the Student is enrolled as a special education student. Since the Local Board has not imposed any punishment and the Student has not suffered any detriment, there is no relief for the State Board of Education to grant. The Student’s appeal is moot and, therefore, is dismissed....
2006-31 T. K. vs. Douglas County Board Of Education,
This is an appeal by T. K. (Student) from a decision by the Douglas County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to suspend him from school until November 4, 2005, after finding him guilty of improperly touching a female student. The Student claims (1) that he was denied due process because his accuser was not present at the hearing, and (2) the Local Board abused its discretion because he should have been charged with a level two offense rather than a level one offense. Because the period of suspension has passed, the State Board of Education cannot provide the Student with any relief and the issues raised are moot. Accordingly, the appeal must be dismissed....
2006-30 Gregory Lewis vs. Atlanta City Board Of Education,
This is an appeal by Gregory Lewis (Appellant) from a decision by the Atlanta City Board of Education (Local Board) to terminate his teaching contract for other good and sufficient causes under the provisions of O.C.G.A. § 20-2-940 after a tribunal found that he had made disparaging comments to his students. The tribunal recommended a 60-day suspension without pay. Appellant claims that it was an abuse of discretion for the Local Board not to adopt the recommendation of the tribunal. The Local Board’s decision is sustained....
2006-29 E. T. vs. Henry County Board Of Education,
This is an appeal by E. T. (Student) from a decision by the Henry County Board of Education to suspend him from regular school until the end of the first semester of the 2005-2006 school year after finding him guilty of fighting and being in an unauthorized area. The Student failed to file a brief or request oral argument. The Student’s appeal, therefore, is deemed to have been abandoned. Chris M. v. McIntosh Cnty. Bd. of Educ., Case No. 1995-47 (Ga. SBE, Jan. 11, 1996). Accordingly, the appeal is hereby DISMISSED....
2006-28 S. N. vs. Newton County Board Of Education,
This is an appeal by S. N. (Student) from a decision by the Newton County Board of Education to uphold the decision of a student disciplinary tribunal to permanently expel him from regular school after finding him guilty of fighting, creating a disturbance, disobedience, reckless and disorderly conduct, assault on a school employee, assault on another student, voicing obscenities, threatening another student, and inciting others to disobey the rules. The Student failed to file a brief or request oral argument. The Student’s appeal, therefore, is deemed to have been abandoned. Chris M. v. McIntosh Cnty. Bd. of Educ., Case No. 1995-47 (Ga. SBE, Jan. 11, 1996). Accordingly, the appeal is hereby DISMISSED....
2006-27 Elizabeth Cobb vs. Glynn County Board Of Education,
This is an appeal by Elizabeth Cobb (Appellant) from a decision by the Glynn County Board of Education that denied her grievance that she was improperly transferred from one school to another. Appellant claims that the transfer violated the Local Board’s policy governing transfers. The appeal is dismissed because the State Board of Education lacks jurisdiction since a question involving the interpretation or administration of school law is not involved....
2006-26 Elaine Steele vs. Atlanta City Board Of Education,
This is an appeal by Elaine Steele (Appellant) from a decision by the Atlanta City Board of Education (Local Board) not to renew her teaching contract for the 2005-2006 school year after a hearing tribunal recommended against renewal based upon the Local Superintendent’s charges of incompetence, insubordination, neglect of duty, and other good and sufficient cause. Appellant claims that her dismissal was predicated on an illegal leave policy of the Local Board and that there was no evidence to support the Local Board’s decision. The Local Board’s decision is sustained....
2006-25 M. H. vs. Henry County Board Of Education,
This is an appeal by M. H. (Student) from a decision by the Henry County Board of Education to uphold the decision of a student disciplinary tribunal to suspend him from regular school from August 12, 2005, through December 16, 2005, with the option of attending alternative school during the suspension period The tribunal found the Student guilty of dealing with drugs and possessing tobacco products on campus. The Student failed to file a brief or request oral argument. The Student’s appeal, therefore, is deemed to have been abandoned. Chris M. v. McIntosh Cnty. Bd. of Educ., Case No. 1995-47 (Ga.SBE, Jan. 11, 1996). Accordingly, the appeal is hereby DISMISSED....
2006-24 Saundra Barnes vs. Meriwether County Board Of Education,
This is an appeal by Saundra Barnes (Appellant) from a decision by the Meriwether County Board of Education (Local Board) not to renew her contract as a counselor because of insubordination, incompetence, and other good and sufficient cause under the provisions of O.C.G.A. § 29-2-940. Appellant claims that the evidence did not support the Local Board’s decision and that there were procedural errors in the conduct of the hearing before the Local Board. The Local Board’s decision is sustained....
2006-23 A. H. vs. Gwinnett County Board Of Education,
This is an appeal by A. H. (Student) from a decision by the Gwinnett County Board of Education to upho ld the decision of a student disciplinary tribunal to expel her from regular school until May 31, 2006, with the option of attending alternative school, unless she completes 40 hours of community service by October 1, 2005, in which event she can return to school on January 1, 2006. The tribunal found her guilty of theft, encouraging others to violate the rules, and lying. The Student failed to file a brief or request oral argument. The Student’s appeal, therefore, is deemed to have been abandoned. Chris M. v. McIntosh Cnty. Bd. of Educ., Case No. 1995-47 (Ga. SBE, Jan. 11, 1996). Accordingly, the appeal is hereby DISMISSED....
2006-22 T. D. vs. Gwinnett County Board Of Education,
This is an appeal by T. D. (Student) from a decision by the Gwinnett County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to suspend him from school until June 1, 2005, provided that he attends a drug offender program and performs 30 hours of community service before December 1, 2005. If the Student fails to attend the drug offender program and perform 30 hours of community service, then he is to be expelled until the end of the second semester of the 2005-2006 school year. The Student claims that there was no evidence to support the tribunals decision. The Local Boards decision is sustained....
2006-21 D. M. vs. Gwinnett County Board Of Education,
This is an appeal by D. M. (Student) from a decision by the Gwinnett County Board of Education to uphold the decision of a student disciplinary tribunal to expel him from regular school until May 31, 2006, with the option of attending an alternative school, unless he completes 40 hours of community service by October 1, 2005, in which event he can return to school on January 1, 2006. The tribunal found him guilty of theft, encouraging others to violate the rules, and lying. The Student failed to file a brief or request oral argument. The Student’s appeal, therefore, is deemed to have been abandoned. Chris M. v. McIntosh Cnty. Bd. of Educ., Case No. 1995-47 (Ga. SBE, Jan. 11, 1996). Accordingly, the appeal is hereby DISMISSED....
2006-20 A. C. vs. Atlanta City Board Of Education,
This is an appeal by A. C. (Student) from a decision by the Atlanta City Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to suspend her until May 20, 2005, after finding her guilty of engaging in disorderly conduct. The Student argues that the punishment is too severe. The suspension period has passed, thus rendering the appeal moot because there is no relief that the State Board of Education can provide to the Student. The appeal, therefore, is dismissed....
2006-19 S. C. vs. Baldwin County Board Of Education,
This is an appeal by S. C. (Student) from a decision by the Baldwin County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to expel him permanently from all Baldwin County schools after finding him guilty of theft. The Student claims that the punishment is too harsh. The Local Board’s decision is sustained....
2006-18 A.P. and C.G. vs. DeKalb County Board Of Education,
This is the combined appeals of A. P. and C. G. (Students) from a decision by the DeKalb County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to suspend them for ten days after finding that they possessed a knife on campus. Both students served their suspension period and have graduated from high school. Because the suspension period has passed, the State Board of Education cannot ...
2006-17 A.P. and C.G. vs. DeKalb County Board Of Education,
This is the combined appeals of A. P. and C. G. (Students) from a decision by the DeKalb County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to suspend them for ten days after finding that they possessed a knife on campus. Both students served their suspension period and have graduated from high school. Because the suspension period has passed, the State Board of Education cannot provide the Students with any relief and the issues raised are moot. See, Matthew L. v. Brantley Cnty. Bd. of Educ., Case No. 1996-25 (Ga. SBE, Aug. 8, 1996). Accordingly, the appeals are hereby DISMISSED. ...
2006-16 T. P. vs. Clayton County Board Of Education,
This is an appeal by T. P. (Student), a fifth grader, from a decision by the Clayton County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to expel him from school for one year after finding him guilty of handling a weapon in school. The Student claims that the Local Board’s decision was based on an erroneous reading of federal law and an abuse of discretion, and that he was denied equal treatment under the law. The Local Board’s decision is sustained....
2006-15 S. M. vs. Charlton County Board Of Education,
This is an appeal by S. M. (Student) from a decision by the Charlton County Board of Education to uphold the decision of a student disciplinary tribunal to expel her from regular school through the end of the first semester of the 2005-2006 school year after finding her guilty of assault on a person employed by the school and rude and disrespectful behavior. The Student failed to file a brief or request oral argument. The Student’s appeal, therefore, is deemed to have been abandoned. Chris M. v. McIntosh Cnty. Bd. of Educ., Case No. 1995-47 (Ga. SBE, Jan. 11, 1996). Accordingly, the appeal is hereby DISMISSED. ...
2006-14 D. R. and T. R. vs. Douglas County Board Of Education,
This is an appeal by D. R. and T. R. (Students) from a decision by the Douglas County Board of Education to uphold the decision of a student disciplinary tribunal to expel them from regular school until the first semester of the 2006-2007 school year, with the option of attending an alternative school during the expulsion period, after finding them guilty of chronic disciplinary problems and disruption of the school. The Students failed to file a brief or appear for oral argument. The Student’s appeal, therefore, is deemed to have been abandoned. Chris M. v. McIntosh Cnty. Bd. of Educ., Case No. 1995-47 (Ga. SBE, Jan. 11, 1996). Accordingly, the appeal is hereby DISMISSED. ...
2006-13 T. L. vs. Douglas County Board Of Education,
This is an appeal by T. L. (Student) from a decision by the Douglas County Board of Education to uphold the decision of a student disciplinary tribunal to expel him from regular school for the remainder of his high school career, with the option of attending an alternative school during his expulsion period, after finding him guilty of assault and disruption of the school. The Student failed to file a brief or request oral argument. The Student’s appeal, therefore, is deemed to have been abandoned. Chris M. v. McIntosh Cnty. Bd. of Educ., Case No. 1995-47 (Ga. SBE, Jan. 11, 1996). Accordingly, the appeal is hereby DISMISSED. ...
2006-12 A. C. vs. Houston County Board Of Education,
This is an appeal by A. C. (Student) from a decision by the Houston County Board of Education (Local Board) that upheld the decision of a student disciplinary tribunal to assign him to in-school suspension for the remainder of the 2004-2005 school year and to expel him during the first semester of the 2005-2006 school year, with the option of attending an alternative school during his expulsion period, after finding him guilty of being under the influence of drugs at school. The Student claims the school system denied him due process because it did not give him a copy of the charges until the day of the hearing, thus depriving him of an opportunity to prepare for the hearing. Additionally, he claims he was not given access to witnesses and the school system failed to properly investigate the incident. The Local Board’s decision is sustained....
2006-11 Jonah McCluster vs. Webster County Board Of Education,
This is an appeal by Jonah McCluster (Appellant) from a decision by the Webster County Board of Education (Local Board) to terminate his teaching contract due to a reduction in force because of a loss of state funds and the need to balance the school budget. Appellant claims that his contract is not subject to termination because it was not completed. Additionally, he claims that he was denied due process during the hearing because he was not allowed to ask questions about other teachers and paraprofessionals who had less time with the school system than he had with the school system. The Local Board’s decision is sustained....
2006-10 Cheryl Grisson vs. Atlanta City Board Of Education,
This is an appeal by Cheryl Grisson (Appellant) from a decision by the Atlanta City Board of Education (Local Board) to terminate her teaching contract for other good and sufficient cause. Appellant claims that there was no evidence to support the Local Board’s decision because the tribunal that heard the case found, as a fact, that there was no evidence to support a finding of other good and sufficient cause to terminate her contract. The Local Board’s decision is sustained....
2006-09 A. H. vs. Grady County Board Of Education,
This is an appeal by A. H. (Student) from a decision by the Grady County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to expel her through the end of the first semester of the 2005-2006 school year because she possessed and used an alcoholic beverage on school grounds. The Student claims that the Local Board’s decision was arbitrary and capricious because other students were not similarly disciplined during the year. The Student also claims that the Local Board failed to tell her which policy it was enforcing. The Local Board’s decision is sustained....
2006-08 K. G. vs. Houston County Board Of Education,
This is an appeal by K. G. (Student) from a decision by the Houston County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to expel him through the end of the first semester of the 2005-2006 school year after finding him guilty of making a terroristic threat. The Student claims that there is no evidence to support the Local Board’s decision. The Local Board’s decision is sustained....
2006-07 Paul and Carrie West, Eric and Olya Broadwell vs. Fulton County Board of Education
This is an appeal by Paul and Carrie West and Eric and Olya Broadwell (collectively, Appellants) from a decision by the Fulton County Board of Education that they would have to pay non-resident fees for their children to attend Fulton County schools. Appellants claim that they are residents of Fulton County and the Local Board’s decision violates O.C.G.A. § 20 2 133(a), which provides for a free education to children within the school system in which they reside. The Local Board did not hold a hearing before making its decision. Under the provisions of O.C.G.A. § 20 2 1160, therefore, the State Board of Education does not have jurisdiction to consider the appeal because only local board decisions made after a hearing can be reviewed by the State Board of Education. See, Mallard v. Warren, 222 Ga. 731, 152 S.E.2d 380 (1966); Boney v. County Bd. of Educ. of Telfair County, 203 Ga. 152, 45 S.E.2d 442 (1947). The appeal, therefore, is dismissed....
2006-06 A. D. vs. Bartow County Board Of Education,
This is an appeal by A. D. (Student) from a decision by the Bartow County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to expel him from regular school until the end of the first semester of the 2005-2006 school year after finding him guilty of possessing marijuana on school property during school hours. The Student claims that there was no credible evidence to support the decision, the decision was an abuse of discretion, and the decision was arbitrary and capricious. The Local Board’s decision is sustained....
2006-05 C. W. vs. Coffee County Board Of Education,
This is an appeal by C. W. (Student) from a decision by the Coffee County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to assign him to an alternative school through the first semester of the 2005-2006 school year after finding him guilty of possessing drugs. The Local Board of Education made its decision on April 28, 2005, but the appeal was not filed until June 3, 2005, or 36 days after the Local Board’s decision. “O.C.G.A. § 20 2 1160 requires appeals to be filed within 30 days after a local board makes a decision. Since the appeal was not timely filed, the State Board of Education is without jurisdiction to consider the appeal.” Kenisha B. v. Cobb Cnty. Bd. of Educ., Case No. 1994-14 (Ga. SBE, May 12, 1994). Accordingly, the appeal is hereby DISMISSED. ...
2006-04 Q. D. vs. Paulding County Board Of Education,
This is an appeal by Q. D. (Student) from a decision by the Paulding County Board of Education (Local Board) to uphold the decision of a student disciplinary tribunal to expel him for one year after finding him guilty of possessing a knife with a blade more than three inches in length.1 The Student claims that the punishment was too harsh. The Local Board’s decision is sustained....
2006-03 M. B. vs. Fulton County Board Of Education
This is an appeal by M. B. (Student) from a decision by the Fulton County Board of Education to uphold the decision of a student disciplinary tribunal to expel him from regular school for inciting another student to disobey the Student Code of Conduct. The Local Board made its decision on May 10, 2005, but the appeal was not filed until June 28, 2005, or 49 days after the Local Board's decision. "O.C.G.A. § 20-2-1160 requires appeals to be filed within 30 days after a local board makes a decision. Since the appeal was not timely filed, the State Board of Education is without jurisdiction to consider the appeal." Kenisha B. v. Cobb Cnty. Bd. of Educ., Case No. 1994-14 (Ga. SBE, May 12, 1994). Accordingly, the appeal is hereby DISMISSED. ...
2006-02 E.W. vs. Douglas County Board of Education
This is an appeal by E. W. (Student) from a decision by the Douglas County Board of Education (Local Board) to expel the Student permanently from school after he was found guilty by a student disciplinary tribunal of bringing weapons on campus, possessing drugs, and creating a disturbance in the school. The Student claims that he was denied procedural and substantive due process because the hearing before the tribunal was held when he was not present. In addition, he claims there was no intent to bring either weapons or drugs onto the campus. Finally, the Student claims that his expulsion is a violation of the Individuals with Disabilities Education Act, 20 U.S.C. Secs. 1400 et seq. (the "Act" or "IDEA"). The Local Board’s decision is sustained....
2006-01 J.B. vs. Lamar County Board of Education
This is an appeal by J. B. (Student) from a decision by the Lamar County Board of Education to uphold the decision of a student disciplinary tribunal to suspend him from regular school until May 27, 2005 after finding him guilty of threatening, bullying, and intimidating other students. The Student failed to file a brief or request oral argument. The Student’s appeal, therefore, is deemed to have been abandoned. Chris M. v. McIntosh Cnty. Bd. of Educ., Case No. 1995-47 (Ga. SBE, Jan. 11, 1996). Additionally, the suspension period has passed, thus making the appeal moot. Accordingly, the appeal is hereby dismissed....