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A Parent’s Guide to a Student Discipline Tribunal
The Purpose of this Guide
This short guide helps families through the process of a school
disciplinary Tribunal when a student is facing an out-of-school
suspension of ten da
ys or more. It reviews the student’s rights, the
timeline of steps and more.
My child faces suspension from school for more than 10 days. What are
his/her rights?
If your school intends to suspend your child for more than 10 school days, the
law requires that a hearing be held. This hearing may be held in front of a group
of school officials or in front of a single hearing officer. This hearing is
sometimes called a
“Tribunal.”
What happens at the Tribunal? School officials will explain at the Tribunal why
they believe your child should be suspended. You and your child have the right
to present information (including witnesses) on why you believe that your child
should not be suspended or to suggest other types of discipline. A decision is
then made. If you do not agree with that decision, you have the right to appeal to
the Local School Board and to the State Board of Education, and even to court, if
you do so on time.
Do we need a lawyer? If possible, try to get a lawyer, especially if your child
must also go to juvenile court. While your student has a right to have a lawyer at
the Tribunal, the school system will not pay for your lawyer. If you cannot afford
a lawyer, you can check with your local legal aid office to see if a lawyer could
represent your student without a fee. If you do get a lawyer, you or your lawyer
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should let the school know as soon as possible that you will have a lawyer at the
Tribunal.
If you do not have a lawyer, you still can and should speak up for your child at
the hearing. This guide will help you through the Tribunal process.
For more detailed information, read
When My Child is Disciplined at School: A
Guide for Families
,
published by Georgia Appleseed (2009) and available in
English
and
Spanish
versions on our website. Or click on the blue highlighted
links throughout this guide.
What to do before the Tribunal
When You Learn that Your Child May Be Suspended or Expelled
•
You should immediately begin gathering information and make sure to
keep a record of everything (documents, conversations, witnesses, the
disciplinary process, and etc.). Start asking your child and the school:
o
How long does the school plan to suspend your child?
o
What does your child say happened?
o
What does the school (teachers, assistant principals, and/or the
principal) say happened?
o
Was anyone else involved?
Discuss
with the school other ways to deal with your child’s
behavior,
rather than Out of School Suspension, such as: Saturday school, detention,
volunteer work, or a behavioral contract. A behavioral contract for your
child could involve other disciplinary actions, instead of removal from the
classroom. Try to work with the school to figure out a plan where your child
can stay in the classroom.
If you believe that your child’s behavior was caused by a disability and your
child does not already have an IEP, let the school know in writing as soon
as possible and ask that your child be tested.
Make sure to ask the
school for your child’s work assignments
. It is
best to avoid having your child fall behind while you are waiting for the
Tribunal.
Remember to remain calm and work politely with school officials.
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When You Receive Written Notice
You should receive a letter giving you notice of the hearing. Record
when you got the written notice. The notice should tell you when and where
the hearing will be held and the reasons why the school intends to suspend
your child.
Next, figure out if you have enough time to prepare for the Tribunal. You
can ask for a delay, but your child will most likely not be allowed back to
school until the Tribunal is held.
Prepare for the Tribunal Hearing:
Write down your reasons for challenging the suspension. If you feel it is too
severe, think of what outcome you would find acceptable.
Build a convincing argument and gather any supporting documents.
If there are witnesses you want to call to support your child, let them know
when the hearing will be held and let the school know that you will be
calling witnesses. If a person that you want to call as a witness will not
come voluntarily, you can ask the District Superintendent to help by issuing
a written document called a “subpoena.” You will need to deliver this
document to the witness as quickly as you can before the date of the
hearing
.
Request an interpreter if you are not fully able to understand and be part of
the Tribunal hearing using English.
What to do at the Tribunal
1. The hearing officer or one of the Tribunal members will explain how
the hearing is going to work. Listen carefully and take notes. If you
do not understand any of the instructions, ask questions.
2. The school system presents its evidence and witnesses first. Listen
closely so that you can respond to any arguments that you may not
have thought of before.
3. You and your child will be able to tell your story at the hearing. You
can call witnesses to support your arguments. It may be helpful to
have your pastor, or some other adult who knows your child, speak
on their behalf.
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4. Present all of your concerns, records, and documents even if the
hearing officer, tribunal or panel does not believe it is important to
your child’s case.
Once the hearing is over you will not be able to
add any more evidence.
What to Do After the Tribunal
If You Do Not Agree with the Tribunal Decision, You Can:
Appeal the Tribunal decision to the
Local School Board of Education
by
filing a written notice of appeal within 20 DAYS of the date the decision
was made (INCLUDING holidays and weekends. For example, if the 20
th
day is on a Sunday, you will need to deliver the appeal letter no later than
the Friday before that.) You will receive a written notice of the decision. It
should explain your appeal rights. A form to use to make the appeal will be
attached. To be safe, you should deliver the letter of written notice to the
office of the District Superintendent in person, if possible.
o
Remember: The local school board will only consider information that
was put on the official record during the Tribunal. The local school board
is REQUIRED to provide you notice as to the date, time, and location of
your appeal hearing. Some school districts will allow you to speak at the
meeting where your appeal will be considered. You should contact the
District Superintendent and ask for an opportunity to talk to the School
Board about your child’s appeal.
Other Options:
File a grievance
with the school district’s school board.
If you believe that your child’s behavior problems result from a
disability or special need and the local school district has not
evaluated your child for special education services, you may file a
complaint with the
Georgia Dept. of Education
(you have one year to
file a complaint).
If you believe your child has been discriminated against based on
race, color, national origin, sex, disability or age, contact the
Office of
Civil Rights of the U.S. Dept. of Education
(you must file the
complaint within 180 calendar days from the last act of
discrimination).
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If You Do Not Agree with the Local School Board Decision, You Can:
Make an appeal of a local school board decision to the
Georgia State
Board of Education
. The appeal must be filed within 30 DAYS from your
local school board
’s final decision
. To submit your appeal request, you
MUST file it with the superintendent of your local school district.
The local school superintendent has 10 DAYS to transmit your request to
the state school superintendent.
The Georgia State Board of Education is REQUIRED to provide you notice
of the date, time, and location of your appeal proceeding. Generally this
meeting will be held in Atlanta.
If you would like to speak on behalf of your
child at the appeal proceeding, you MUST notify the state within 10 days of
the date the Georgia State Board of Education places your appeal date on
its calendar.
If You Do Not Agree with the State Board of Education Decision, You
Can:
Appeal the decision to state
Superior Court
where your school is located.
Legal Disclaimer
The information in this manual is provided as a matter of public service and is for
informational use only. The information does not constitute legal advice and should not be
used as such. Parents, guardians and other users of this guide are strongly urged to
confer with legal counsel in matters involving their students and student discipline.
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