A ninth grader in Athens gets into a fight in the cafeteria. By the afternoon the principal has sent her home and says the school will ask for a 30-day suspension. Her mother wants to know who decides. In Georgia it is a disciplinary tribunal, a small hearing panel the district runs under rules written in state law, and those rules give the family more room than most people expect.
Who has to be in school, and until when
Georgia's compulsory attendance law, the rule that says who must attend, covers every child between their sixth and sixteenth birthdays. Public, private, or home study all count. The duty falls on the parent, who can be fined $25 to $100, jailed up to 30 days, or given community service for breaking it.
Turning 16 does not mean you can simply stop showing up. A 16-year-old in Valdosta who wants to withdraw without a diploma needs a parent's written permission, and the principal must first hold a conference within two school days to explain the options, including a high school equivalency program.
Short suspensions, long suspensions, and the tribunal
For a short suspension, the floor comes from the U.S. Supreme Court. In Goss v. Lopez (1975), the Court ruled that before a public school suspends a student for up to 10 days, it must tell the student what they are accused of, explain the evidence, and let the student give their side. It can happen in the principal's office the same day, but it has to happen.
When a Georgia school wants more than a short suspension, or an expulsion, the state's tribunal statute takes over. The hearing must be held no later than 10 school days after the suspension begins, unless the family and the district agree in writing to wait. The written notice must give the time, place, and nature of the hearing, a short and plain statement of the accusation, and a reminder that the family may present evidence and bring a lawyer. Ask for the school's evidence ahead of time. You are allowed to.
The tribunal's decision must be in writing and delivered within 10 days of the close of the record. If you lose, you have 20 days from the decision to file a written appeal to the local board of education, which reviews only the hearing record and must answer within 10 days, not counting weekends and holidays.
What Georgia's bullying law makes a school do
Georgia defines bullying as a willful attempt or threat to hurt someone, or an intentional act a reasonable person would see as threatening, harassing, or intimidating, when it causes harm, interferes with a student's education, or disrupts the school. Cyberbullying counts, and the law reaches buses, bus stops, and school events.
Every district policy must have three working parts. Any teacher or employee with reliable information that a student is being bullied must report it to the principal immediately. The school must promptly investigate and decide whether bullying happened. And the district must have a published way to notify the parents of both the student found responsible and the student targeted. A student in grades 6 through 12 found to have bullied for the third time in one school year is moved to an alternative school; the law requires it. If a report at a school in Columbus goes nowhere, ask in writing what the investigation found.
Where to look and who to call in Georgia
Start with your district's code of conduct; Georgia law requires the bullying policy to be in the student handbook and posted in every school. The Georgia Department of Education (GaDOE) publishes a model bullying policy online that districts copy from.
GaDOE's public help desk is called AskDOE, reached through the contact page on gadoe.org. It routes attendance, discipline, and district complaints to the right office. For a tribunal, a legal aid office can help a family prepare; ask early, because the 10-school-day clock starts the day the suspension does.
We could not confirm a statewide student-press law or a school hair-discrimination (CROWN Act) rule for Georgia. Do not assume either exists; check the Georgia Code on legis.ga.gov.
Remember this
- Georgia requires school from age 6 to 16, and a 16-year-old can only withdraw with a parent's written permission after a principal's conference.
- Goss v. Lopez (1975) guarantees notice and a chance to respond before any suspension up to 10 days.
- For longer suspensions Georgia requires a tribunal hearing within 10 school days, a written decision, and a 20-day window to appeal to the local board.
- Every Georgia district must investigate bullying reports and notify the parents of both students involved.
Sources
- Legal Information Institute: Goss v. Lopez, 419 U.S. 565 (1975) (opens in a new tab)
- FindLaw: Georgia Code 20-2-690.1, mandatory education for children between ages six and 16 (opens in a new tab)
- FindLaw: Georgia Code 20-2-754, procedures for disciplinary tribunals and review (opens in a new tab)
- FindLaw: Georgia Code 20-2-751.4, policies prohibiting bullying (opens in a new tab)
This article provides general educational information, not individualized legal advice. KidsKnowRights is not a law firm, and reading this article does not create an attorney-client relationship. Laws vary by state, age, and circumstances, and they change over time. For advice about a real situation, talk with a licensed attorney or a legal aid organization.