Board Policy JD: Student Discipline

The DeKalb County Board of Education is committed to providing the best possible education for the children who attend its schools. This commitment requires not only top-quality courses, highly-qualified teachers, and well-equipped facilities, but also a safe, positive environment for our students, staff, parents, stakeholders, and community partners. Appropriate student discipline procedures are essential to ensuring a safe and positive learning environment. This policy sets out general guidelines regarding student discipline. Specific guidelines on student hearing procedures and discipline processes are outlined in the Code of Student Conduct – Student Rights and Responsibilities and Character Development Handbook. This handbook shall have the effect of policy and shall be maintained by the Department of Safe Schools and Student Relations.

Principals and assistant principals have the power and authority to discipline students up to and including suspension for violations of school rules or regulations. Students who are suspended shall not be permitted to be on campus during their period of suspension/expulsion.

1. Short-Term Suspension

Suspension for ten days or less (short-term suspension) may be administered with due process procedures that are much less formal than those for long-term suspensions or expulsion. Before a student is removed from school for a short-term suspension, the following steps must be followed:

1. The student should be advised orally or in writing of the charges;

2. If the student denies the charges, an explanation of the evidence the authorities have and an opportunity to present the student’s side of the case should be granted; and

3. The student is informed of the administrator’s findings and the appropriate consequences, if needed.

There need be no delay between the time notice is given and the “hearing” is held. Confrontation, right of counsel, and right of the student to call witnesses need not be afforded the student.

Even these informal procedures need not be afforded where the student’s presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process. In such cases, the notice and hearing should be afforded as soon as practicable.

Students serving a short-term suspension are allowed to make up missed work.

1. Long-Term Suspension or Expulsion

Where the suspension is for a period in excess of ten days or where outright expulsion is involved, either for the remainder of the school year or longer, the student shall be afforded due process rights of notice and a hearing, which are more formal than those involved where suspension is for ten days or less. In the case of long-term suspension or expulsion, due process includes the following:

1. A written statement of charges which, if proven, would justify suspension or expulsion and a list of witnesses and a statement of the facts they will testify to;

2. Notice reasonably calculated to apprise the student of the pending action and to afford the student an opportunity to present a defense;

3. Notice of the right to be represented by counsel and compulsory process to require attendance of witnesses; and

4. A hearing with opportunity to respond.

The DeKalb County Board of Education authorizes Hearing Officers to hear student discipline cases and to suspend or expel in excess of ten days any student found by a preponderance of evidence to have violated school rules or regulations. At the hearing, students may be represented by legal counsel, may summon witnesses, and may cross-examine District witnesses.

Hearing Officers are appointed by the Superintendent with approval of the DeKalb Board of Education. Pursuant to state law and procedures promulgated by the Superintendent, they hear evidence concerning charges of student misconduct, which, if proven, may require punishment greater than a ten school-day suspension. Hearing Officers are impartial and have no direct connection to the incident.

Decisions made by the Hearing Officer may be appealed to the Board, based on procedures outlined in the Code of Student Conduct – Student Rights and Responsibilities and Character Development Handbook. Appeal requests must be in writing and submitted to the Superintendent within twenty (20) calendar days from the decision of the Hearing Officer. The written notice of appeal must set forth the reasons, together with any supporting arguments, as to why the Hearing Officer’s decision is alleged to be incorrect. The notice must further specify what portion or portions of the record support the appellant’s contentions. No new evidence will be allowed.

The Board will review the record and shall render the decision in writing within ten (10) work days from the date the request for appeal is received. The decision will not be reconsidered unless new and significant evidence has been discovered; such as evidence that was not available at the time the matter was originally heard by the Hearing Officer. In all cases, the student or parent may petition the Board for reconsideration after six months. The Superintendent or designee may suspend the enforcement of the action of the Hearing Officer pending the outcome of an appeal before the Board.

1. Alternative Education Program

As mandated by state law, the Board has established an alternative education program. The alternative education program provides a learning environment that includes the objectives of the quality core curriculum, and the goal of the program shall be to enable students to make the transition back to a regular school program. Course credit in the alternative education program shall be earned in the same manner as in other education programs. The Board and the District strongly believes that it is preferable to reassign disruptive students to an alternative education program rather than suspending or expelling such students from school. However, if given this opportunity to continue their education in an alternative setting, attendance is required. Students are expected to serve their assignment to the alternative setting prior to their return to school unless a comparable placement is approved by the Superintendent or designee.

The Board reserves the right to establish or operate an alternative education program different from or in addition to the state-prescribed program. The Board recognizes, however, that no state funds shall be distributed to operate an alternative education program that does not meet requirements established by law.

1. Special Education

​​​​​​​All substantive school rules applying to general education shall apply to students with disabilities except as otherwise provided by law. Procedures for discipline for students with disabilities are governed, with specificity, by applicable state and federal law.