FAQs: Expulsion and Disciplinary Placement in Georgia High Schools

Like all parents, of course, you want your student to do well in school. But a single mistake can derail your child's education if their school decides to take serious disciplinary action against them. High school students don't always have the best judgment – and if your student ends up making a mistake or getting caught in a difficult situation, their school could suspend or even expel them and send them to an alternative education program. This kind of disciplinary action could severely hurt your student's academic record and future.

You will find all your questions about expulsion and disciplinary placement in Georgia answered here. If your student is facing expulsion or other disciplinary charges at their high school, consider reaching out to a student defense attorney-advisor at the earliest.

What Type of Discipline Do Georgia High Schools Use?

Georgia schools take a proactive approach to discipline where children are taught about socially acceptable behaviors and behavioral issues are dealt with proactively. But for serious misconduct, especially when it involves violence or the endangering of others, Georgia schools do hand out severe punishment, including suspension and expulsion. Georgia is also one of the few states where corporal punishment is not completely outlawed.

Georgia high schools prohibit behaviors such as:

• Indulging in violence, fighting, or bullying
• Possession of firearms or hazardous weapons
• Endangering fellow students or teachers
• Drug use
• Alcohol use
• Classroom disruption…and more.

If a student is found responsible for serious misconduct, they may be suspended or expelled and moved to an alternative education program. Getting suspended or expelled can have far-reaching negative impacts on a child's education and future and hurt their self-esteem and sense of identity.

Can High School Students Be Expelled in Georgia?

According to state policy, schools in Georgia prefer to shift disruptive students to alternative educational settings rather than suspending or expelling them. However, Georgia high schools do suspend and expel students for extreme behaviors. These are spelled out in the Georgia School Discipline Laws and Regulations.

Some rules concerning suspension include:

• Students found bringing a dangerous weapon or firearm to school may be suspended pending hearing
• Students committing acts of physical violence against a teacher, school bus driver, or other school employees may also be suspended pending hearing
• Suspension can be long-term or short-term, where short-term suspension refers to the suspension of a student for less than ten school days, and long-term suspension refers to the suspension of a student for more than ten school days but not beyond the school semester or quarter.

Although Georgia high schools try to avoid suspension and expulsion in favor of alternative placement, students can be expelled for certain behaviors. Some rules concerning expulsion include:

• Students can be expelled for bringing dangerous weapons or firearms to school or for committing acts of physical violence against a teacher or school employee
• Before the expulsion of 10 school days or more, students are entitled to a hearing where they can be present with their guardian and attorney-advisor if they have one
• Students can appeal an expulsion with the local school board and later with the state board

What Happens to Expelled High School Students in Georgia?

Georgia high schools are required to provide alternative education programs for students who are expelled, so they can continue with their education. Students will continue earning course credits in their alternative program in the same way they did in their original education program.

Once expelled and shifted to an alternative education program, the student does not have to stay there for the rest of their education. The content and instruction at the alternative program will be designed in a way that focuses on getting the student back to general education programs as quickly as possible.

Alternative education programs are designed to meet the needs of students who have been suspended or expelled from regular classrooms and those who are more likely to succeed in a non-traditional education setting.

According to state policies, each local school system is required to provide an alternative education program that:

• Is in a setting different from a student's regular classroom
• Is located off campus
• Has provisions to separate disruptive students assigned to the program from non-disruptive students assigned to the program
• Focuses on English language arts, mathematics, science, social studies, and self-discipline
• Provides for students' educational and behavioral needs and provides supervision and counseling

How Does a Student Get Sent to Alternative Education in Georgia?

Under Georgia School Discipline Laws and Regulations, certain behaviors require expulsion. This includes:

• Possession of a firearm, dangerous weapon, or hazardous object at school
• Committing an act of physical violence against a school teacher, school bus driver, or other school employees

Students found bringing a firearm or weapon to school are required to be expelled for a period of not less than one calendar year. However, a hearing officer, tribunal, panel, administrator, superintendent, or local board of education may make changes to the punishment at their discretion.

A student suspected of having committed an act of physical violence against a school employee will be suspended pending a hearing. If they are found to have committed violence, they will be expelled. However, the local school board, at its discretion, may permit the student to attend an alternative education program for the period of the student's expulsion.

Georgia high schools prohibit violent and disruptive behaviors. Indulging in these behaviors may not result in expulsion, but they are prohibited nevertheless. These include:

• Substance abuse
• Gang-related activity
• Firearms and weapons use
• Chronic disciplinary issues
• Chronic absenteeism and truancy
• Bullying, harassment, or hazing
• Vandalism
• Theft
• Assaulting a student
• Assaulting a teacher
• Bringing weapons to school

Students indulging in these behaviors may face disciplinary action – but it is important to note that sometimes students not responsible for these behaviors may also get caught in the crossfire and be unjustly associated with these actions. Schools tend to be cautious in cases of serious and dangerous misconduct and may choose to expel everyone they believe was involved in the situation. This may result in your student being unjustly accused and expelled.

Will My Student Get Expelled for Bringing a Gun to School in Georgia?

According to Georgia's school discipline regulations, a student bringing a firearm, dangerous weapon, or hazardous object to school is required to be expelled from their school for a period not less than a calendar year. However, the hearing officer, tribunal, panel, administrator, superintendent, or local board of education has the authority to modify this expulsion at their discretion.

If your student is being unfairly expelled, you can challenge the punishment. You must request a hearing with the school, where you and your attorney-advisor can negotiate the terms of your child's expulsion or alternative education placement. You can even appeal the decision.

How Many Alternative Education Programs Are There in Georgia?

There are 31 alternative public schools in Georgia in 2023. These include alternative schools, charter schools, regional youth detention centers, and youth development centers.

How Long Do Georgia Expulsions or Disciplinary Placements Last?

The duration and subsequent disciplinary placement depend on the alleged offense and can range from a few days to a calendar year or even more. Generally, you and your attorney-advisor can negotiate the length of the placement during the expulsion hearing.

However, for more serious offenses such as bringing a gun, firearm, or dangerous weapon to school, Georgia schools are required to expel the student for a minimum of 1 calendar year.

Will My Student Have a Hearing Before They Get Expelled?

Public high schools in Georgia are required to follow due process before suspending or expelling a student. If a student is facing suspension or expulsion of more than ten school days, they are entitled to a disciplinary hearing following the alleged violation. At this hearing, the school is expected to make clear what rules they believe your student has violated and what action they are taking next. The school should clearly lay out the charges against your student and explain which parts of the code of conduct have been flouted, with the necessary evidence required to back this up.

Parents or guardians are allowed to attend this hearing with your student, and you can also have your attorney-advisor present. Your attorney-advisor can help you negotiate the disciplinary action the school is taking and ensure your student's rights are not violated.

When is a Georgia School Not Allowed to Expel a Student?

Although Georgia schools are not allowed to expel students in pre-school through third grade for more than 5five consecutive school days (or five cumulative days in a year) without first receiving a multi-tiered system of support, there is no such provision for high school students.

Georgia high school students may be expelled for:

• Bringing a firearm or dangerous weapon to school
• Committing an act of physical violence against a teacher, school bus driver, or other school official or employee
• Endangering the physical safety of other students

However, any high school student who is being suspended or expelled for ten or more school days is entitled to a hearing. The student and their guardian will be given advance notice of this hearing, in person or in the mail, and will be given full details on the date and location of the venue, the charges against the student, and how the hearing will take place. At this hearing, the student can present their own evidence and challenge the school's evidence through cross-examination. After the hearing, the events of the hearing have to be recorded and made available to everyone involved.

Whatever decision the hearing committee comes to will be carried out, but the student has the option of filing an appeal within 20 days of this decision being announced.

Can My Student Appeal Their School Expulsion?

Yes, you can appeal an expulsion within 20 days of a decision being made.

But before a student is expelled or suspended for ten school days or more, Georgia law requires schools to give the student a hearing. You will be given notice of this hearing, either in person or through a letter, and the notice will include the location and date of the hearing, what will happen at the hearing and the allegations against the student. The hearing allows parents or guardians to be present with the student, along with your attorney-advisor, if you have hired one. You can present your case and evidence at this hearing.

But if the hearing committee still decides to expel your child, you will be able to appeal this decision within 20 days. The appeal will be reviewed by the local school board, and the school superintendent may allow your student to attend school until the appeal is heard. The local school board can uphold the disciplinary action, strike it down, or modify it.

If you are still unhappy with the school tribunal's decision, you can file a second appeal within 30 days of the local school board issuing their decision. The second appeal is heard by the state school board.

Filing an appeal shows the school that you are prepared to advocate for your child and are taking the issue seriously. Your attorney-advisor can also use the appeal to strengthen their negotiations with the school – and if you end up filing a lawsuit against the school later, having evidence of having filed an appeal can help your case.

Does Disciplinary Alternative Education Have Downsides for My Student?

While alternative education programs are meant to allow your student a second chance and let them complete their education – they could still hurt your student's education. If your student is sent to an alternative education program for violations of the school code, it goes on their record and could hamper their chances of getting into a good college or higher education program. It may also hurt their chances at employment later.

Besides the damage having an alternative education program on your student's record does to their career, being in the program poses other immediate issues as well.

Some of the most common issues involve:

• Quality of education: Often, the level of education and instruction at alternative education programs is not as good as the education at regular schools. This is true of both – offline and online instruction. Alternative schools may not have as many resources as a typical school.
• Fewer options: Since there are fewer alternate high schools in Georgia than traditional high schools, it limits your student's choice of school. The location of the school and distance from your home may also pose an issue if it is further away than the previous school was. Such issues can bring down attendance and discourage your student from attending school – which defeats the purpose of alternative education, which is to provide your student with a more conducive environment.
• Mental and Social Impact: Schools often use alternate education programs as punishment for misbehavior and sometimes even for relatively minor classroom issues. Getting sent to a new school, away from their friends and teachers, and having to start anew can be very stressful and damaging to students. This can negatively impact your student's mental health and social development.

Can My Child Be Sent to Alternative Education in Georgia More Than Once?

Yes, it is possible for a student to be sent to an alternative placement more than once if they are believed to have committed misconduct for a second or third time. Unfortunately, once a student has been placed in an alternative program once, the likelihood of them running into disciplinary trouble and returning to the program goes up.

Because alternative education programs are often low on resources, and students in these programs get less attention from their teachers, they may fall behind in their studies or get involved in issues of behavioral misconduct.

Even when they are placed back in traditional learning after their alternative placement, they may find it hard to keep up with their studies. Being stressed out and feeling inadequate can exacerbate existing behavioral issues and cause a student to act up.

School officials know this and yet, continue to punish students by placing them in alternative education programs, knowing that they may receive poor-quality education in these programs.

What Should I Do If I Know My Child Is About to Be Expelled?

As soon as you hear of your student facing disciplinary action, including potential expulsion, you should take action. Follow these steps:

1. Make sure you are in possession of all the facts. Speak to school administrators and learn exactly what has happened and what kind of disciplinary action they plan to take.
2. Reach out to a student defense attorney-advisor. Let them know everything you can about the situation and work together to put together a strong defense strategy.
3. Make sure your student is okay. Talk to them and try to find out the reason for their behavior and how they're feeling. They may have been put in a difficult situation owing to bullying or peer pressure and may have acted out as a consequence. Write down what they say – it might help with building your case in their defense.
4. Try to document any evidence you find – take pictures of injuries, bruises, or ripped clothes, and save any notes you find.
5. Save all correspondence with school officials. Record conversations if you can, or take notes on what was said. Make sure to keep track of all correspondence, along with dates.
6. Save copies of all communication such as letters, emails, or messages you receive from the school – and any you send.
7. Go through the school's code of conduct and rules and try to understand which code your child has supposedly violated and what the punishment could be. A student defense attorney-advisor can help you decipher the complex and confusing school rules if you have trouble understanding them single-handedly. They can also help you with your student's defense strategy.

What Are Some of the Long-Term Effects of Alternative Disciplinary Education on Students?

Alternative education programs can have long-lasting negative impacts on students' mental and physical health and their social and emotional development. Not only can it be crushing for a student to get sent to alternative schooling as a punishment, rejoining their traditional school after the placement period ends is a new challenge.

Most students struggle with keeping up with the studies and social dynamics at their old school after an alternative placement, and their likelihood of being sent back to an alternative placement for disciplinary reasons goes up.

It can also be harmful to students' self-esteem, and self-worth to be punished this way and treated as a criminal. Going to an alternative education program can also make a student more likely to end up in the juvenile justice system. Getting sent to an alternative education program can create a vicious cycle of increased misconduct, disciplinary action, and multiple alternative placements. The impact this creates on a student can last well into their adult life.

Can Expelled Students Go to College in Georgia?

There is no reason a student who has been expelled from their school should not be allowed to attend college. But many colleges and universities in Georgia are mistrustful of a high school record with expulsion or other serious disciplinary action on it – and may reject a student's college application because of this. Colleges also pay attention to the context and reason behind an expulsion – and may not permit a student who was expelled for a serious reason, such as being involved in violence or endangering themselves or others.

Can an Attorney-Advisor Help with a High School Expulsion?

An attorney-advisor is an experienced professional who is well-versed in the high school disciplinary process and has helped other students with such issues. They can be a source of great help and support to you and your student and can help bring about a better outcome in your student's case.

Even though being involved in a school discipline case does not mean your student is being accused of a crime or is getting involved with law enforcement, you should still consider retaining a skilled and experienced attorney-advisor. They will be able to attend the expulsion hearing with you and your student and help you put forward the strongest possible defense.

They can negotiate with your child's school and help reduce the level of punishment they receive. They can also help document all evidence and actions are taken to ensure the school does not treat your child unfairly.

Get the Help You Need to Deal with a High School Disciplinary Placement in GA

Attorney-advisor Joseph D. Lento and the Education Law Team at the Lento Law Firm have years of experience helping students from coast-to-coast deal with disciplinary issues and achieve the best possible outcome. Having his support and guidance will help your student ensure their rights are upheld and a single mistake does not ruin their academic record or career.

Call the Lento Law Firm at 888.535.3686 or contact us online for more information.