Can We Appeal a School Tribunal Decision in Georgia?

If your child has been suspended or expelled after a school disciplinary hearing in Georgia, you may feel like the decision was unfair or the punishment too harsh. The good news is that you have the right to appeal the tribunal’s ruling.

However, school discipline appeals are subject to strict deadlines and procedural requirements.

Here’s what you need to know about challenging a tribunal decision with help from the experienced education lawyers at Ghanouni Teen & Young Adult Defense Firm.

How School Tribunals Work in Georgia

In Georgia, students facing long-term suspension (more than 10 days) or expulsion are entitled to an evidentiary hearing before a disciplinary tribunal. The tribunal is typically composed of three school administrators or staff members who hear evidence related to the alleged misconduct and decide on appropriate consequences.

During the hearing, all parties may present and respond to evidence and may examine and cross-examine witnesses on all issues unresolved. It can be a violation of the student’s due process rights if their attorney is not permitted to present witness testimony or cross-examine witnesses on behalf of the student.

A verbatim electronic or written record of the hearing is required and must be made available to all parties for appeal purposes. Deficiencies in the record can result in a violation of due process if they deny the student’s effective right of appeal.

The School Tribunal Appeals Process in Georgia

If the tribunal imposes a long-term suspension of more than 10 days or expulsion, the student has the right to appeal the decision to the local board of education (LBOE). The LBOE reviews the hearing record and may impose a more lenient or harsher discipline than the tribunal.

If the LBOE decision is adverse to the student, their attorney may file an appeal to the State Board of Education (SBOE) within 30 days. Both parties must file briefs, and oral arguments can occur if either party or the hearing officer requests it within 10 days of docketing.

After the SBOE issues its decision, either party may appeal to the Superior Court of the county where the LBOE is located. Strict filing deadlines apply at each stage of the appeals process.

Some key points about the appeals process:

• Appeals are limited to the record from the initial tribunal hearing
• New evidence or arguments generally cannot be introduced on appeal
• Missing a filing deadline can result in waiving the right to further appeals

Our experienced school discipline attorneys can ensure your appeal is handled properly and argue persuasively at each level of review.

Grounds for Appeal of School Tribunal Decisions

To mount a successful appeal, you must have a valid legal basis for challenging the tribunal decision. Some common grounds include:

• Procedural errors (e.g., failure to follow required notices or deadlines)
• Violations of the student’s due process rights
• Lack of evidence to support the charges or discipline

The skilled lawyers at Ghanouni Teen & Young Adult Defense Firm can identify the strongest grounds for appeal in your child’s case and build persuasive arguments for a more just outcome.

Alternatives to Appeal

In some cases, filing an appeal may not be the best strategy for protecting your child’s educational rights. Depending on the situation, our attorneys may be able to negotiate an informal resolution with the school, such as a modified suspension, alternative placement, or behavior contract.

We can also explore whether your child may be eligible for special education services or accommodations under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act. Students with disabilities are entitled to additional protections in school discipline matters, and schools must follow specific procedures before imposing long-term removals.

If your child has already been expelled, our firm can assist with the readmission process and advocate for appropriate support and services to ensure a successful return to school. We are committed to helping students get back on track academically and avoid the school-to-prison pipeline.

Protecting Your Child’s Educational Future

At Ghanouni Teen & Young Adult Defense Firm, we believe that every student deserves a chance to succeed, even after a disciplinary setback. We have helped hundreds of students and families navigate the complex school discipline process and achieve positive outcomes.

When you contact our firm, we will:

• Listen to you with compassion and without judgment
• Thoroughly review the tribunal proceedings and evidence
• Explain your options for appealing or challenging the decision
• Advocate fiercely for your child’s rights and interests
• Work to get your child back in school as soon as possible
• Provide caring support and communication every step of the way

Don’t let an unfair tribunal decision jeopardize your child’s education and future. Contact Ghanouni Teen & Young Adult Defense Firm to discuss your options. We’re here to fight for your family and help your child move forward.