Fulton Cnty. Bd. of Educ. v. D. R. H.

The superior court erred in directing the State Board of Education to vacate the adjudication of the County Board of Education, as it failed to confine its review to the record or the issues raised before the County Board, as O.C.G.A. § 20-2-1160 subsection e requires.

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This court granted the application for discretionary appeal of the Fulton County Board of Education “Local Board” from the superior court’s order reversing the decision of the State Board of Education “State Board” concerning D. R. H.’s expulsion1 from high school. The superior court remanded the case to the State Board “with direction to vacate the adjudication of expulsion entered against D. R. H.” On appeal, the Local Board seeks reversal of the superior court’s order, contending that the court erred by failing to confine its review to evidence in the record, failing to declare that D. R. H.’s appeal to the State Board was moot, misapplying law in its determination that D. R. H’s detention at a youth detention center constituted a disciplinary suspension by school officials, and failing to apply the proper standard of review. For the reasons that follow, we reverse.

The undisputed evidence at a disciplinary hearing before a student disciplinary hearing officer of the Local Board, held on November 16, 2011, showed the following. Officer Christopher Mallard, a school resource officer at D. R. H.’s school, testified that on October 28, 2011, he received radio information that D. R. H. then 15 years old was loitering in the hallways of the school. Mallard investigated, and discovered in the second-floor gym area D. R. H. and two other male students “hanging out” in a hallway.

Fulton Cnty. Bd. of Educ. v. D. R. H.

The superior court erred in directing the State Board of Education to vacate the adjudication of the County Board of Education, as it failed to confine its review to the record or the issues raised before the County Board, as O.C.G.A. § 20-2-1160 subsection e requires.

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