Following a student disciplinary hearing, a hearing officer found that C. P. R., a student at Union Grove High School “Union Grove” in Henry County, had violated three provisions of the student handbook based on evidence that he possessed two pills containing codeine that he attempted to sell to other students. In light of these violations, the hearing officer imposed long-term suspension on C. P. R. for the remainder of the school year, but ruled that C. P. R. could serve his suspension at an alternative high school operated by the county. The Henry County Board of Education the “Henry County Board” thereafter entered a final decision adopting the findings and conclusions of the hearing officer. The State Board of Education the “State Board” affirmed the Henry County Board’s final decision, and the Superior Court of Henry County affirmed the State Board. This Court granted C. P. R.’s application for discretionary appeal to review whether there was evidence to support the final decision reached by the Henry County Board, and affirmed by the State Board and superior court, that C. P.R. had violated the student handbook.1 For the reasons discussed below, we conclude that there was sufficient evidence to support that determination and therefore affirm.
The Public School Disciplinary Tribunal Act. “In enacting the Public School Disciplinary Tribunal Act, OCGA § 20-2-750 et seq., the Georgia General Assembly recognized that local boards properly may limit students’ access to education in response to disciplinary infractions” and devised a procedural framework for the imposition of suspension or expulsion. D. B. v. Clarke County Bd. of Ed., 220 Ga. App. 330, 332 1 469 SE2d 438 1996. The Act provides that “local boards of education shall appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing following any instance of an alleged violation of the student code of conduct where the principal recommends a suspension or expulsion of longer than ten school days.” OCGA § 20-2-753 a. See D. R. H., 325 Ga. App. at 62 3. At the disciplinary hearing, all parties have the right to be represented by counsel, OCGA § 20-2-754 b 1, and all parties must be “afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues unresolved.” OCGA § 20-2-754 b 3. Additionally, among other requirements, the proceedings must be transcribed or recorded and made available to all parties. OCGA § 20-2-754 b 5.
