Physical Violence Resulting in Substantial Injury to Faculty & Staff

A.  As used in this section of the Code of Conduct, the term physical violence means

1. intentionally making physical contact of an insulting or provoking nature with the person of another; or
2. intentionally making physical contact which causes physical harm to another unless such physical contacts or physical harms were in defense of himself or herself, as provided in O.C.G.A. § 16-3-21.

B.  This section of the Code of Conduct provides for the penalties to be assessed against a student found by a disciplinary hearing officer pursuant to O.C.G.A. § 20-2-752 to have committed any act of physical violence against a teacher, school bus driver, or other school official or employee. Such disciplinary hearing officer/panel shall hold any disciplinary hearing in accordance with the provisions of O.C.G.A. § 20-2-754.

1. Any student alleged to have committed an act of physical violence shall be suspended pending the hearing by the disciplinary hearing officer/panel.
2. The decision of the disciplinary hearing officer/panel may be appealed to the school board pursuant to O.C.G.A. § 20-2-754.
3. If appropriate under Section C(1), below, the decision of the disciplinary hearing officer/panel shall include a recommendation as to whether a student may return to public school and, if return is recommended, a recommended time for the student’s return to public school.
4. The school board may impose penalties not recommended by the disciplinary hearing officer/panel.

5. A student found by a disciplinary hearing officer/panel to have committed an act of physical violence, as defined in section (a), against a teacher, school bus driver, school official, or school employee shall be expelled from the public school system. The expulsion shall be for the remainder of the student’s eligibility to attend public school pursuant to O.C.G.A. § 20-2-150. The school board at its discretion may permit the student to attend an alternative education program for the period of the student’s expulsion.

6. If the student who commits an act of physical violence is in kindergarten through grade eight, then the school board at its discretion and on the recommendation of the disciplinary hearing officer/panel may permit such a student to re-enroll in the regular public school program for grades nine through twelve.

7. The school board at its discretion may permit a student in kindergarten through grade six, who has committed an act of physical violence, as defined in section (a), above, to reenroll in the public school system.

8. Any student found by a disciplinary hearing officer/panel to have committed an act of physical violence against a teacher, school bus driver, school official, or school employee, as defined in section (a), above, shall be referred to juvenile court with a request for a petition alleging delinquent behavior.

The behavior of special education students shall be governed by the guidelines for conduct that are applicable to any other student. Any disciplinary action taken as a result of a special education student’s violation of the student conduct regulations, however, must be in accordance with state law, federal law and local practice/procedure and must be determined by the student’s Individual Education Plan or Behavior Intervention Plan.

Nothing in this section of the Code of Conduct shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794, or the federal Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.