e-newsletter · e-newsletter . school choice (hb 251 & sb 10) transfers. wednesday, february 1...

e-Newsletter

School Choice (HB 251 & SB 10) Transfers Wednesday, February 1 will be the first day that parents/guardians may be applying for school choice transfers. School/grade capacity numbers will be posted and the online application will be available on the District’s website. We will be continuing the practice of only accepting online applications. A kiosk will be set up in the lobby of 514 Glover Street in order to provide access to parents/guardians who may need it. As in past year, schools are asked to post information regarding school choice on their individual school websites. Administrators should work with your school’s webmaster to ensure that the following announcement is posted by Friday, February 3.

2017-18 School Choice The Cobb County School District is again offering School Choice (HB 251

and SB10) transfers for the 2017-2018 school year. Individual school capacity information and applications will be available beginning

February 1, 2017 on the District website. For more information, please see our 2017-18 School Choice webpage.

Deadline for applying is Tuesday, February 28, 2017. The web address for the link is: http://www.cobbk12.org/generalinfo/transfers/schoolchoice.aspx All schools, regardless of having any available space, are expected to have this posted. Children of Employee Transfers Although the open application window for Child(ren) of Employee transfers closed on January 20, we will continue to accept applications from new employees or those that experience any other qualifying event (e.g. move, transfer work locations, etc). Employees may access the application from the Employee dropdown menu on the District’s main webpage or by going to http://www.cobbk12.org/generalinfo/transfers/childrenofemployeetransfer.aspx.

Student Due Process Tribunal Schedule With the Board’s approval of the revisions to Administrative Rule JCEB-R (see Board Policy/Administrative Rule section bellow), we will begin implementing the three-member panel for student due process hearings on February 1. Middle school and high school assistant administrators should have already received the calendar indicating their assigned hearing date. Because hearings will be scheduled to avoid any conflict of interest, any administrator not available on their assigned day must have another administrator from their same school attend in their absence.

http://www.cobbk12.org/generalinfo/transfers/schoolchoice.aspx

http://www.cobbk12.org/generalinfo/transfers/schoolchoice.aspx

http://www.cobbk12.org/generalinfo/transfers/childrenofemployeetransfer.aspx

Revised JCEB-R Later today, the newly revised JCEB-R will be posted on the District’s administrative rule webpage. Any suspension letters that require JCEB-R as an attachment (see the suspension letter templates) should include the new version. Long-Term Suspension Review As part of the revisions to our student due process procedures, the level assistant superintendents have requested to be part of a review of all long-term suspension recommendations that exceed the minimum consequences required in the code of conduct. This review is designed to allow the level assistant superintendents an opportunity to monitor the consistency of discipline recommendations within individual schools as well as among the schools they supervise. Therefore, prior to contacting Student Support to schedule a due process hearing, administrators should first contact their level assistant superintendent to review the recommended consequence. Due process hearings cannot be scheduled until Student Support receives confirmation that the level assistant superintendent has reviewed the recommendation.

Board Policy/Administration Rule Update The following Board Policies/Administrative Rules were approved by the Board at the January 27 board meeting: Board Policy BH (Board Code of Ethics)

• Revision of policy to align with the State Board of Education's model code of ethics Administrative Rule DIE-R (Fraud Prevention)

• Conforming change regarding department title • Revision of language regarding financial misconduct • Revision of language regarding notification and the department's role in an investigation

Administrative Rule GARI-R (Employee Evaluation)

• Relocation of language regarding remediation plans from Administrative Rule GBK-R. • Revision of language regarding remediation plans in alignment with applicable Georgia law and GaDOE

guidance Administrative Rule GBK-R (Discipline, Suspension, and Dismissal of Staff)

• Addition of language clarifying application of rule to certified employees • Relocation of language to Administrative Rule GARI-R

Administrative Rule JCEB-R (Student Hearing Procedure)

• Revision of language allowing for the use of a hearing panel for all long-term suspension and expulsion student discipline hearing

Policy, Planning and Student Support Darryl R. York, Senior Executive Director | Jerica Creswell, Director, Student Support

Charles Amica, Supervisor, Student Discipline | Ana Murphy, Supervisor, School Social Work Melanie Bales, Supervisor, School Health Services | Jeff Dess, Coordinator, Prevention/Intervention

of 3

BOARD OF EDUCATION POLICY

BH Board Code of Ethics 5/17/12 1/26/17

The Cobb County Board of Education desires to operate in the most ethical and conscientious manner possible and to that end the Board adopts this Code of Ethics and each member of the board agrees that he or she will: GOVERNANCE STRUCTURE 1. Recognize that the authority of the board rests only with the board as a whole and not with

individual board members and act accordingly. 2. Support the delegation of authority for the day-to-day administration of the school system to

the local superintendent and act accordingly. 3. Honor the chain of command and refer problems or complaints consistent with the chain of

command. 4. Recognize that the local superintendent should serve as secretary, ex-officio to the board and

should be present at all meetings of the board except when his or her contract, salary or performance is under consideration.

5. Not undermine the authority of the local superintendent or intrude into responsibilities that properly belong to the local superintendent or school administration, including such functions as hiring, transferring or dismissing employees.

6. Use reasonable efforts to keep the local superintendent informed of concerns or specific recommendations that any member of the board may bring to the board.

STRATEGIC PLANNING 1. Reflect through actions that his or her first and foremost concern is for the educational welfare

of children attending schools within the school system. 2. Participate in all planning activities to develop the vision and goals of the board and the school

system. 3. Work with the board and the local superintendent to ensure prudent and accountable uses of

the resources of the school system. 4. Render all decisions based on available facts and his or her independent judgment and refuse

to surrender his or her judgment to individuals or special interest groups. 5. Uphold and enforce all applicable laws, all rules and regulations of the State Board of

Education and the board and all court orders pertaining to the school system. BOARD AND COMMUNITY RELATIONS 1. Seek regular and systemic communications among the board and students, staff and the

community. 2. Communicate to the board and the local superintendent expressions of public reaction to

board policies and school programs.

POLICY DEVELOPMENT 1. Work with other board members to establish effective policies for the school system. 2. Make decisions on policy matters only after full discussion at publicly held board meetings. 3. Periodically review and evaluate the effectiveness of policies on school system programs and

performance. BOARD MEETINGS 1. Attend and participate in regularly scheduled and called board meetings. 2. Be informed and prepared to discuss issues to be considered on the board agenda. 3. Work with other board members in a spirit of harmony and cooperation in spite of differences

of opinion that may arise during the discussion and resolution of issues at board meetings.

of 3

4. Vote for a closed executive session of the board only when applicable law or board policy requires consideration of a matter in executive session.

5. Maintain the confidentiality of all discussions and other matters pertaining to the board and the school system, during executive session of the board.

6. Make decisions in accordance with the interests of the school system as a whole and not any particular segment thereof.

7. Express opinions before votes are cast, but after the board vote, abide by and support all majority decisions of the board. A local board of education shall not adopt or follow any code of ethics which prevents the members of such board from discussing freely the policies and actions of such board outside of a board meeting. This shall not apply to any matter or matters discussed in executive session or which are exempt from disclosure under Code Section 50-18-72.

8. Abide by all decisions of the board.

PERSONNEL 1. Consider the employment of personnel only after receiving and considering the

recommendation of the local superintendent. 2. Support the employment of persons best qualified to serve as employees of the school system

and insist on regular and impartial evaluations of school system staff. 3. Comply with all applicable laws, rules and regulations and all board policy regarding

employment of family members. FINANCIAL GOVERNANCE 1. Refrain from using the position of board member for personal or partisan gain or to benefit

any person or entity over the interest the school system. CONDUCT AS BOARD MEMBER 1. Devote sufficient time, thought and study to the performance of the duties and responsibilities

of a member of the board, 2. Become informed about current educational issues by individual study and through

participation in programs providing needed education and training. 3. Communicate in a respectful professional manner with and about fellow board members. 4. Take no private action that will compromise the board or school system administration. 5. Participate in all required training programs developed for board members by the board or the

State Board of Education. 6. File annually with the local superintendent and with the State Board of Education a written

statement certifying that he or she is in compliance with this Code of Ethics. CONFLICTS OF INTEREST 1. Announce potential conflicts of interest before board action is taken. 2. Comply with the conflicts of interest policy of the board, all applicable laws and Appendix B of

the State Board of Education Standards documents.

Upon a motion supported by a two-thirds (2/3) vote, the board may choose to conduct a hearing concerning a possible violation of this Code of Ethics by a member of the board. The board member accused of violating this Code of Ethics, will have thirty (30) days notice prior to a hearing on the matter. The accused board member may bring witnesses on his or her behalf to the hearing, and the board may elect to call witnesses to inquire into the matter. If found by a vote of two-thirds of all the members of the board that the accused board member has violated this Code of Ethics, the board shall determine an appropriate sanction. A board member subject to sanction may, within thirty (30) days of such sanction vote, appeal such decision to the State Board of Education in accordance with the rules and regulations of the State Board of Education. A record of the decision of the board to sanction a board member for a violation of this Code of Ethics shall be placed in the permanent minutes of the board. Approved: 1/27/11 Re-coded: 5/17/12 (previously coded as Board Policy BC) Revised: 1/26/17

of 3

Legal Reference O.C.G.A. 20-02-0049 Standards for local board of education members O.C.G.A. 20-02-0063 Prohibit certain conflicts of interest of board members O.C.G.A. 20-02-0072 Code of ethics for local board of education members O.C.G.A. 20-02-0051 Election of county board members; persons ineligible to serve Rule 160-5-1-.36 Local School Board Governance

of 2

DISTRICT ADMINISTRATIVE RULE

DIE-R Fraud Prevention 6/28/12 1/26/17

RATIONALE/OBJECTIVE:

The Cobb County School District (District) has a responsibility to uphold the public trust. Internal Audit Compliance is an independent appraisal auditing and assessment function established to document financial integrity and to promote and document efficiency, effectiveness, and economy, and financial integrity in District operations. RULE: District employees are subject to the requirements of the Georgia Professional Standards Commission Code of Conduct Ethics for Educators (Administrative Rule GAGC-R [Employee Ethics]). In addition to the professional requirements, the District sets forth identifies the following actions which are as examples of prohibited and conduct, and establishes the following guidelines for reporting their occurrence or suspected occurrence: A. FRAUD AND OTHER CORRUPT/ILLEGAL MISCONDUCT:

This includes, but is not limited to: 1. Any crime defined in Title 16 in of the Official Code of Georgia Annotated (O.C.G.A.) or

any applicable federal law involving dishonesty or fraud. 2. Inappropriate conduct or the appearance of inappropriate conduct that does not rise to the

level of criminal activity including, but not limited to: a. Conflict of Interest Approving, encouraging or participating in any financial or

business transaction or activity which presents, or could be reasonably interpreted to present, a real or potential conflict of interest, whether as defined in District Administrative Rules GAG-R and GAGC-R, or otherwise;

b. Omissions or the The failure to provide or withholding of information that could affect a financial or business decision or cause under consideration by the District or that results in an undue loss or expense to the District, which loss or expense could have been avoided or mitigated had such information been disclosed;

c. Abuse, misuse, or destruction of District property, funds, or other resources; and

d. c. Other actions prohibited by Violations of the Code of Conduct Ethics for Educators.

B. NOTIFICATION: 1. An employee who knows of or suspects financial fraud, or other financial

misconduct shall immediately report such suspicions to Internal Compliance. 2. 1. Audit Procedures:

Internal Audit Compliance shall: a. Be notified of any occurrence or suspected occurrence of any of the above conduct

Refer the financial misconduct matter to Human Resources Employee Relations for resolution and action;

b. Establish and publicize procedures for the reporting (including the ability to report anonymously) and investigating of any of the above conduct in the District As appropriate, audit financial records and transactions and document the facts and findings of such audit in a written report and forward to Human Resources Employee Relations.

3. 2. Reprisals: No action shall be taken or threatened against any employee for reporting the occurrence or suspected occurrence of any of the above conduct unless the complaint was made with the knowledge the allegation was false.

of 2

Adopted: 12/14/06 Revised and Re-coded: 6/28/12 (previously coded as Administrative Rule DIEA) Revised: 1/27/16 Legal Reference O.C.G.A. 45-01-0004 Whistleblower 18 USC 1513 Retaliating against a witness, victim, or an informant

of 2


GARI-R Employee Evaluation 4/15/15 1/26/17

RATIONALE/OBJECTIVE: Employee evaluations seek to:

• Ensure high-quality instruction; • Comply with state law, State Board of Education Rules, Cobb County Board of Education

(Board) Policy, and Cobb County School District (District) Rules; • Recognize outstanding performance; • Provide opportunities for two-way communication about goals and performance; and • Document objective information needed for decisions about employee retention,

promotion, compensation, dismissal, transfer, placement and preference in the event of a reduction in force.

RULE: All personnel shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential.

A. CERTIFICATED EMPLOYEES:

1. All teachers evaluated under the Cobb Keys for Teacher Effectiveness System shall be evaluated according to the requirements of state law and State Board of Education rules. All assistant administrators, assistant principals and principals shall be evaluated under the Cobb Keys for Leader Effectiveness System.

2. Evaluations will be processed and stored in the electronic format approved by the State Department of Education.

3. The summative assessment and summative conference must be completed by a deadline established by Human Resources.

4. Teachers and other contracted certified employees (Contributing Professionals) who are not evaluated under the Cobb Keys for Teacher Effectiveness System shall be evaluated annually by the immediate supervisor according to the requirements of the District and by any deadline established by Human Resources.

5. A copy of the annual evaluation results shall be provided to each employee. The original of each evaluation will be stored in the employee’s personnel file.

B. OTHER EMPLOYEES: 1. All other employees will be evaluated annually by the immediate supervisor prior to the

end of their work year or June 30 unless a special exception has been granted by the Superintendent or designee. In those instances in which an extension has been granted, the evaluation must be completed by October 1. In each case, the evaluation will encompass the prior school and fiscal year (July 1-June 30).

2. A copy of the annual evaluation results shall be provided to each employee. The original of each evaluation will be stored in the employee’s personnel file.

C. GUIDELINES:

The following regulations will be observed regarding the evaluation of employees: 1. Supervisors will be provided training in evaluation techniques; 2. Evaluation results will be reviewed with employees annually; 3. Evaluations will be written, based in part on job descriptions, and staff development

will be provided to address identified needs.

D. PROFESSIONAL DEVELOPMENT REMEDIATION PLANS:

of 2

1. If an a tenured employee’s performance or behavior is less than satisfactory, the principal or supervisor should consider placing the employee on a Professional Learning Plan Remediation Plan (or a Performance Improvement Plan [PIP] in the case of classified employees with three full years of District experience),to address specific area(s) of concern. The purpose of the plan is to help the employee achieve satisfactory performance or behavior using a structured approach within a specific time frame.

2. Employees shall be allowed to have a representative (as defined in item B.3. above) present at the final meeting of a PLP Remediation Plan or PIP so long as their presence does not obstruct or disrupt the meeting.

3. Except in rare cases involving prior approval from Human Resources, an employee should be given written feedback regarding the specific area(s) of concern prior to being placed on a PLP Remediation Plan or PIP, and the employee should be given a reasonable opportunity for remediation prior to the initiation of a PLP Remediation Plan or PIP.

4. At a minimum, a PLP Remediation Plan or PIP shall last at least four (4) weeks. The PLP Remediation Plan or PIP should be extended if necessary.

5. While on a PLP Remediation Plan, the employee may request an external review of a PLP the plan by the appropriate Level Assistant Superintendent.

6. Formal classroom observations shall be limited to no more than (2) per week during the PDP Remediation Plan. Post-observation conferences should be held with the employee prior to the next formal classroom observation taking place.

7. Failure to successfully complete a PLP Remediation Plan or PIP may result in disciplinary action.

Adopted: 9/23/82 Revised: 7/1/88; 6/27/91; 9/22/94; 3/28/96; 07/25/96; 2/22/01 Reclassified an Administrative Rule: 9/1/04 Revised: 11/14/07; 8/13/08; 1/13/10 Revised and re-coded: 7/19/12 (Previously coded as Administrative Rule GCO) Revised: 7/16/14; 4/15/15; 1/26/17 Legal Reference O.C.G.A. 20-02-0200 Regulation by Professional Standards Commission (PSC); certification requirements; effect of unsatisfactory evaluation O.C.G.A. 20-02-0210 Annual Performance Evaluation

of 3


GBK-R Discipline, Suspension, and Dismissal of Staff 4/22/16 1/26/17 GSBA Refence: GBK (Professional Personnel Suspension)

RATIONALE/OBJECTIVE:

The Cobb County School District (District) expects its employees to protect the health, safety and general welfare of students and fellow employees. The District seeks to ensure the citizens of Cobb County a degree of accountability within the education profession and to help define conduct justifying disciplinary action. Employee discipline seeks to:

• Address incidents of inappropriate employee conduct; • Prevent reoccurrences of inappropriate employee conduct; • Remediate poor job performance; • Address violations of the Code of Ethics for Educators promulgated by the Georgia

Professional Standards Commission (Administrative Rule GAGC-R [Employee Ethics]). In addressing any employee disciplinary incident, District employees shall be presumed innocent and be treated fairly and with dignity, in a clear, consistent and professional manner (see Board Policy GA [Treatment of Staff]). RULE: A. GENERAL PROVISIONS:

1. The District utilizes progressive discipline in which disciplinary actions normally follow a gradually escalating path. However, depending on the seriousness of the offense, more than one progressive discipline action may occur simultaneously or it may be determined that progressive discipline is not appropriate and any disciplinary action may be imposed. The action taken should be consistent with precedent in similar situations, appropriate to the offense, and documented. An employee who holds a certificate with the Georgia Professional Standards Commission (PSC) may be reported at any time for a violation of the Code of Ethics for Educators.

2. If an employee who has been previously reported in writing to the PSC by the District for a violation of the Code of Ethics is subsequently found not to have violated the Code of Ethics by the District, then Human Resources shall submit a supplemental report to the PSC and shall revise the employee’s annual evaluation as needed.

3. All administrators and supervisors will utilize progressive discipline in the treatment of all employees under their supervision. Permission must be obtained from the Employee Relations office prior to an administrator/supervisor making an exception to this process. The failure of an administrator/supervisor to obtain such permission may result in disciplinary action.

4. Prior to receiving a Letter of Concern, a Letter of Direction, or being recommended for disciplinary action, an employee shall be informed of the concerns and given an opportunity to respond. Neither a Letter of Concern nor a Letter of Direction shall be written prior to the employee being given an opportunity to explain or respond.

5. Except in rare cases or cases involving serious offenses, employees should be progressively disciplined prior to termination.

B. DISCIPLINARY CONFERENCE: 1. A Disciplinary Conference is described as any conference held, whether requested by the

administrator/supervisor, Human Resources or the employee, related to, or that would

of 3

likely result in, a Suspension Without Pay, Demotion, Reprimand by the Superintendent, Termination, or Nonrenewal in connection with an employee’s conduct.

2. Annual performance evaluation conferences are not considered Disciplinary Conferences. 3. All employees shall be allowed to have a representative of their choosing, excluding

attorneys, spouses, and immediate family members (as defined in Administrative Rule GCC GARH-R), present in any Disciplinary Conference. a. Employees must notify their administrator/supervisor prior to the scheduled

disciplinary conference that they will bring a representative and provide the name of that person.

b. The representative shall be allowed to be present in the Disciplinary Conference, and offer comments or questions at the end of the conference, so long as his/her participation does not obstruct or disrupt the conference.

c. Based on reasonable cause, with the approval of the Deputy Superintendent the District reserves the right to exclude an individual from serving as a representative in a Disciplinary Conference.

4. The administrator/supervisor or Human Resources representative must, except in cases involving extraordinary circumstances, provide the employee with a minimum of two (2) business days advance notice of the Disciplinary Conference date, time and location. This notice should also include the purpose of the conference, a brief description of the concerns expected to be addressed in the conference, and the names of anticipated attendees.

5. Employees may audio record a Disciplinary Conference. a. If an employee indicates that he/she will make an audio recording of the conference,

he/she must first inform the administrator/supervisor of the recording in advance of the conference.

b. If an employee indicates they will make an audio recording of the conference, the administrator/supervisor shall also make an audio recording of the proceedings and maintain this recording in the employee’s file.

6. An administrator/supervisor should not schedule a Verbal Counseling or Disciplinary Meeting with an employee at any level during the lunch time of the employee, except under extraordinary circumstances.

7. An employee who receives a Letter of Concern or a Letter of Direction may submit a written rebuttal letter to the supervisor within ten (10) business days.

8. At the conclusion of a Disciplinary Conference, certified employees shall be provided with a written summary of the evidence presented. In addition, the employee will be informed of their applicable due process rights, e.g. Fair Dismissal rights.

9. Upon request, an certified employee recommended for Suspension Without Pay, Demotion, or Termination in connection with the employee’s conduct may request an informal meeting with the Deputy Superintendent or his/her designee prior to being disciplined.

10. Certified Eemployees shall be given at least three (3) business days to make a decision regarding their applicable due process rights.

C. PROFESSIONAL DEVELOPMENT PLANS: 1. If an employee’s performance or behavior is less than satisfactory, the principal or

supervisor should consider placing the employee on a Professional Learning Plan (or a Performance Improvement Plan [PIP] in the case of classified employees),to address specific area(s) of concern. The purpose of the plan is to help the employee achieve satisfactory performance or behavior using a structured approach within a specific time frame.

2. Employees shall be allowed to have a representative (as defined in item B.3. above) present at the final meeting of a PLP or PIP so long as their presence does not obstruct or disrupt the meeting.

3. Except in rare cases involving prior approval from Human Resources, an employee should be given written feedback regarding the specific area(s) of concern prior to being placed on a PLP or PIP, and the employee should be given a reasonable opportunity for remediation prior to the initiation of a PDP or PIP.

4. At a minimum, a PLP or PIP shall last at least four (4) weeks. The PLP or PIP should be extended if necessary.

of 3

5. While on a PLP, the employee may request an external review of a PLP by the appropriate Level Assistant Superintendent.

6. Formal classroom observations shall be limited to no more than (2) per week during the PDP. Post-observation conferences should be held with the employee prior to the next formal classroom observation taking place.

7. Failure to successfully complete a PLP or PIP may result in disciplinary action.

C. D. INVESTIGATIONS: 1. An Investigative Conference is described as any conference held between an employee and

the Employee Relations office regarding the employee’s conduct or job performance. 2. Questions or requests for information from an employee’s supervisor(s) or the District’s

Department of Public Safety related to the employee’s conduct or job performance are not considered an Investigative Conference.

3. Except in cases involving serious offenses, employees shall also be allowed to have a representative of their choosing (see item B.3. above) present during an Investigative Conference. However, the availability of a representative or the lack thereof shall not delay an investigative conference from occurring.

4. Employees are required to cooperate and provide assistance with any type of investigation conducted by the Employee Relations office. This includes activities such as cooperating in interviews, answering questions related to the performance of official duties, and producing requested documents. Failure to adhere to these requirements will be considered insubordination and may result in disciplinary action.

5. Except in rare occasions, employee investigations shall be concluded within twenty (20) business days. At the conclusion of an investigation, the employee shall be notified of the results of the investigation in writing within ten (10) business days.

6. Pending an investigation or outcome thereof, an employee may be placed on Administrative Leave with Pay.

7. Employees may only be placed on Administrative Leave with Pay by the Superintendent or his/her designee.

8. No employee may be subject to retaliatory action for the exercise of their applicable due process rights.

Adopted: 8/13/08 Revised: 9/9/09; 1/18/12; 6/13/12 Revised and re-coded: 7/19/12 (Previously coded as Administrative Rule GCQF) Revised: 12/11/13; 1/31/14; 4/22/16C Legal Reference O.C.G.A. 20-2-940 Grounds/procedure for terminating or suspending contract of employment (Fair Dismissal law)

of 5


JCEB-R Student Hearing Procedure 9/14/16 1/26/17

RATIONALE/OBJECTIVE: A student may be subject to Long-Term Suspension or Expulsion, as defined below, for the violation of school rules and/or Rules of the Cobb County School District (District), but only after the student has been afforded notice and an opportunity for hearing and other procedural requirements set forth below have occurred. RULE: A. DEFINITIONS:

1. "Long-Term Suspension" means the suspension of a student from school for more than ten (10) school days, but not beyond the current school quarter or semester.

2. "Expulsion" means suspension of a student from school beyond the current school quarter or semester.

B. DISABLED STUDENTS: When long-term suspension or expulsion is proposed to be administered to a student who has been identified as disabled or is receiving any special education services from the District, the due process procedures to be followed are those outlined in Administrative Rule JDD-R (Student Suspension).

C. HEARING PROCEDURES: 1. Notification:

a. When Long-Term Suspension or Expulsion is recommended by the school and/or an opportunity for a disciplinary hearing is required, and the hearing is not waived or may not be waived, the Principal shall provide, within 24 hours of the initial suspension, written notification of the hearing to the student/parent/guardian. This notification may be included in the required suspension letter. The notification shall include the following: (1) A brief statement of the act(s) student is alleged to have committed, along with a

copy of the Code of Conduct allegedly violated. (2) The maximum penalty which may be administered for the alleged misconduct. (3) A copy of this Administrative Rule. (4) The date, time and place for the hearing. (5) The names of the witnesses expected to be called at the hearing. (6) A statement that a hearing is required for all recommended suspensions or

expulsions over 10 days unless the parent/guardian/student 18 years old or older waives the hearing.

(7) If a student is alleged to have committed a physical threat against a school employee or an act of physical violence, as defined by the Student Code of Conduct (Administrative Rule JCDA-R), a statement that a hearing is required, regardless of the recommended discipline. However, the letter should state that a disciplinary hearing regarding a recommendation for a short-term suspension (10 days of OSS or less) may be waived by the employee. A disciplinary hearing regarding a recommendation for long-term out of school suspension/expulsion (11 days of OSS or more) may be waived by the employee and the parent/guardian/student 18 years old or older.

(8) A statement that at the hearing the student is entitled to: (a) Be represented by an advocate of his/her choice, including an attorney if so

desired; and

of 5

(b) Subpoena witnesses and to other compulsory process upon request. (9) A statement that all parties are afforded an opportunity to present and respond to

evidence and to examine and cross-examine witnesses. b. Delivery of Notification:

(1) This notice, along with a summary of hearing procedures (Form JCEB-2) shall be delivered to the student and his/her parent/guardian either in person or by regular first class mail and/or certified mail, return receipt requested, to the last known address of the parent or guardian.

(2) If notice is delivered in person, a written confirmation of delivery shall should be obtained.

(3) Service shall be deemed to be perfected when the notice is deposited in the United States mail with sufficient postage addressed to the last known address of the parent/guardian.

2. Continuance: Parties may request a hearing continuance from the Student Support office. If a continuance is requested by the parent/guardian/student’s representative, the student will continue to serve his/her recommended discipline during the time of the continuance and until the hearing is conducted and the Hearing Officer or Hearing Panel has rendered a decision.

3. Waiver of Hearing: a. If the student (18 years old or older)/parent/guardian waive the hearing, they may do

so by furnishing to the Principal a signed written waiver form (Form JECB-1) prior to the notified time and date of the hearing. All waivers for recommended long-term suspension/expulsions of more than 20 school days must be processed by the Director of Student Support. All other waivers may be processed at the school level by contacting the Principal or designee.

b. If no written waiver form is received, or if the hearing may not be waived by the student 18 years old or older/parent/guardian, the hearing will be held as scheduled, whether or not the student/parent/guardian chooses to participate.

c. Alternative Education Program Option: (1) If the student is recommended for a 20 or more day long-term suspension, the

parent/guardian may waive the hearing and request of the Hearing Officer that the student be allowed to apply for enrollment in the District’s Alternative Education Program (AEP) during the remainder of the suspension and through the conclusion of the nine weeks grading period.

(2) If the student is not accepted into the program, he/she must serve the original days of suspension.

(3) If the student is released from AEP for violation of his/her contract, he/she must serve the original suspension or and any additional consequences for this behavior as contemplated by the AEP contract and the appropriate code of conduct.

4. Record of Proceedings: a. Electronic Recording:

A verbatim recording of the hearing shall be made and shall be available to all parties. The cost of recording shall be borne by the District. Parents/guardians/student’s legal counsel may request a copy of the recording.

b. Written Transcript: A written transcript will be prepared by the District if: (1) The Cobb County Board of Education (Board) so requests; or (2) The decision of the Board is appealed to the State Board of Education, in which

case the appealing party shall be responsible for the cost of preparing a written transcript of the student disciplinary hearing. (a) If the appealing party is indigent and cannot pay the cost of the transcript,

he/she must file with the Superintendent or designee an Affidavit of Indigence to that effect (Form JCEB-8).

(b) Upon receipt of the Affidavit, the Superintendent or designee may inquire into the ability of the appealing party to pay for the transcript.

(c) After a hearing, the Superintendent or designee may order the appealing party to pay for the transcript by a certain date. Such order may be appealed

of 5

pursuant to State Board of Education Rule 160-1-3-.04, School Law Tribunals and Appeals.

5. Burden of Proof: The burden of proof shall be on the school, and it shall be entitled to open and conclude.

6. Legal Representation/Involvement of an Attorney: If the student is represented by an attorney, the Board attorney shall be present to advise the Hearing Officer or Panel represent the District. The student/parent/guardian must notify the Hearing Officer no less than 48 hours two days (excluding weekends and District breaks/holidays) prior to the hearing if the student will be represented by an attorney. Failure to give such notice will result in the hearing being continued so that the Board's attorney can be present.

7. Presentation of Evidence: The evidence for the school shall be presented to the Superintendent's designee. The administrator representing the school’s representative, the Board attorney, the student's representative, the Hearing Officer, and any member of the Hearing Panel are entitled to question witnesses about any matters which are relevant to the charges against the student or the appropriate discipline. The Hearing Officer or Hearing Facilitator has the authority to limit unproductively long or irrelevant questioning by non-panel members. The Hearing Officer or Hearing Facilitator shall have the right to allow into evidence prior acts showing a course of conduct leading to the acts in question.

8. Procedural Objections: Objections to the sufficiency of the notice and or other procedural objections shall be waived unless written notice thereof is filed with the Hearing Officer no less than 24 hours prior to the time that the hearing is scheduled to begin. The hearing may be postponed until such defects have been removed or remedied.

D. HEARING OFFICER OR HEARING PANEL: A hearing officer or three-member hearing panel may facilitate the student hearing process. 1. Hearing Officer:

a. 1. A qualified District office administrator will may serve as the Superintendent’s designee to sit as the District’s Hearing Officer in cases where long-term suspension or expulsion is recommended by the school. A Hearing Officer will be considered qualified if he/she meets the requirements outlined in State Board Rule 160-4-8-.15.

b. 2. The Superintendent or designee shall ensure that individuals serving as hearing officers shall have initial training prior to serving as a hearing officer and undergo continuing education so as to continue in such capacity as outlined in State Board Rule 160-4-8-.15.

c. 3. The Hearing Officer will hear all student hearings except in cases where the school has recommended permanent expulsion. (See below) 4. The Hearing Officer shall have the authority to rule on Code of Conduct violations and assign consequences during hearings.

d. 5. During the hearing, the Hearing Officer will serve as the presiding officer and will rule on issues of law and admissibility of evidence presented during the hearing.

e. 6. The decision of the Hearing Officer shall be final and shall constitute the decision of the Board unless the student (18 years old or older)/parent/guardian appeals the decision in accordance with the appeal provisions set forth in this Rule.

f. 7. The Hearing Officer shall render a written decision at the end of the hearing and shall give a copy of the decision to the student and parent/guardian and the Principal or designee at the close of the hearing. The decision will include appeal information. If neither the parent/guardian nor student attends the hearing, the decision will be mailed within ten (10) calendar days of the hearing. The Hearing Officer shall maintain the District’s records of the hearing.

2. E. Hearing Panel: a. A Hearing Panel, composed of three qualified administrators, will may be convened to

hear cases in which permanent long-term suspension or expulsion is recommended by the school. A panel member will be considered qualified if he/she meets the requirements outlined in State Board Rule 160-4-8-.15.

of 5

b. The Superintendent or designee shall ensure that individuals serving on a hearing panel shall have initial training prior to serving as a panel member and undergo continuing education so as to continue in such capacity as outlined in State Board Rule 160-4-8-.15.

c. The pool of Hearing Panel members shall be comprised of all school administrators and some District office personnel, including the Hearing Officer. Hearing Panel members shall serve on a rotating basis. The list of all Hearing Panel members in the pool is available from the Student Support office.

d. The District Hearing Officer shall be one of the Panel members and will also serve as the Panel’s presiding officer to rule on issues of law and admissibility of evidence.

e. When a Hearing Panel is utilized, at least two-thirds vote shall be required for a decision, and the Hearing Panel shall base its decision solely on the evidence received at the hearing.

f. The decision of the Hearing Panel shall be final and shall constitute the decision of the Board unless either party the student (18 years old or older)/parent/guardian shall appeal the decision in accordance with the appeal provisions set forth below.

g. The Hearing Panel shall render a written decision at the end of the hearing and shall give a copy of the decision to the student/parent/guardian and the Principal or designee at the close of the hearing. The decision will include appeal information. If neither the parent/guardian nor student attends the hearing, the decision will be mailed within ten (10) calendar days of the hearing. The Hearing Officer shall maintain the District’s records of the hearing.

E. F. APPEALS:

1. The student or student’s representative (18 years old or older)/parent/guardian may appeal the decision of the Hearing Officer or Hearing Panel to the Board by filing with the Superintendent a written notice of appeal within twenty (20) calendar days of the Hearing Officer or Hearing Panel's date of decision.

2. The Superintendent shall have the authority to suspend the decision of the Hearing Officer or Hearing Panel during the period of appeal by the accused to the Board.

3. Upon the appeal of a decision of the Hearing Panel or Hearing Officer to the Board, the Board must render its decision within 10 days, excluding weekends and public and legal holidays, from the date the Board receives notice of the appeal. The decision shall be in writing and a copy shall be provided to the student/parent/guardian, the Principal, and Superintendent.

4. The Board will make its decision on the appeal in Executive Session. The parties shall have the right to be represented by legal counsel during the appeal. The Board's review will be based solely on the record and written briefs submitted by the student or his counsel and counsel for the school administration, if briefs are submitted. The Board shall not hear any oral arguments as part of an appeal nor shall it consider any evidence that was not presented to the Hearing Officer or Hearing Panel.

5. The Board may take any action it deems appropriate. 6. The student or student’s representative (18 years old or older)/parent/guardian may

appeal the Board’s decision to the State Board of Education pursuant to O.C.G.A. § 20-2-1160(b) through (f). If an appeal to the State Board is requested, a written transcript of the disciplinary hearing will be prepared and submitted to the State Board.

F. G. ACTIVITIES WHILE UNDER LONG-TERM SUSPENSION OR EXPULSION: 1. Students under Long-Term Suspension or Expulsion shall not participate in or attend

school activities on or off campus or be present on any other Cobb County School campus. Students violating this Rule are subject to additional penalties.

2. Students under a long-term suspension or expulsion shall not be given academic credit for work completed by the student through any home study or distance learning program.

3. During the time of this suspension, if school is not in session due to inclement weather or other reasons, the suspension time will be extended to cover any days missed.

4. Less than a Calendar Year: a. Students under a long-term suspension or an expulsion for less than a calendar year,

shall be allowed to receive credit for class work missed during the time of suspension or expulsion, but for no more than a total of thirty (30) school days during a school

of 5

year. A student will earn a grade of "0" on graded class work missed beyond the thirty (30) school days.

b. It will be the responsibility of the parent/guardian to pick up the work from the school, complete the work during the suspension or expulsion, and return it to the teachers on the first day the student returns to school following a suspension or expulsion. Long-term assignments are also due the day the student returns from the suspension or expulsion.

c. If a student/parent fails to pick up work during a suspension or expulsion that has been prepared by the student’s teacher(s), the student may forfeit his/her right to make-up work under this Rule during additional suspensions or expulsions during the school year.

d. A student may take final examinations and turn in long-term assignments assigned before the suspension or expulsion that are due during the suspension or expulsion. The Principal shall provide for the student’s taking of final examinations. The examinations will occur either at the given time or through some special arrangement at the discretion of the Principal or designee.

5. Students who are permanently expelled are withdrawn from the District on the date of the expulsion and are only eligible to turn in assignments due prior to the date of the permanent expulsion.

6. Schools may recommend that a student be allowed to attend the Alternative Education Program (AEP) during his/her long-term suspension/expulsion. Upon this recommendation or a decision of the District Hearing Officer/Panel, expelled/long-term suspended students may apply to attend AEP pursuant to a contract. If the student violates the terms of the contract, he/she may forfeit the opportunity to attend the AEP during the remainder of his/her expulsion or long-term suspension, pursuant to the Order of the Hearing Officer/Panel and/or the terms of the contract. The student may appeal his/her dismissal from the AEP to the District administrator responsible for the supervision of the AEP. The student may also receive further discipline, in addition to the reinstatement of his/her expulsion or long-term suspension.

7. Summer Activities: If a student is suspended or expelled for less than one (1) calendar year or is permitted to attend the AEP during his/her expulsion and the student’s suspension/expulsion carries over the summer from one academic year to the next, the student may be eligible to attend summer school and/or participate in non-GHSA sanctioned extra-curricular activities. The Principal or designee should consult with the Student Support office prior to informing a student of this possibility.

G. H. SPECIAL EDUCATION STUDENTS: Nothing in this Rule shall be interpreted to infringe on any right provided to students by the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act.

Adopted: 7/22/82 Revised: 4/13/83; 8/8/84; 3/23/89; 7/23/92; 1/13/93, 8/11/93; 8/25/94; 6/26/97; 5/28/98; 5/27/99; 6/22/00; 9/18/00; 5/24/01; 6/27/02; 10/24/02; 4/22/04; 7/14/04 Reclassified an Administrative Rule: 9/1/04 Revised: 8/10/05; 7/1/06; 12/14/06; 6/13/07; 7/1/08; 6/8/11; 1/18/12 Revised and re-coded: 1/7/13 (Previously coded as Administrative Rule JKDB) Revised: 3/13/13; 5/31/13; 9/14/16; 1/26/17 Legal Reference O.C.G.A. 20-2-753 Tribunal following allegations of assault and battery or suspension exceeding 10 days O.C.G.A. 20-2-756 Reports to law enforcement officials O.C.G.A. 20-2-755 Authorization of disciplinary officer, panel or tribunal O.C.G.A. 20-2-758 Legal actions not prohibited O.C.G.A. 20-2-750 through 20-2-759 Public School Disciplinary Tribunal Act O.C.G.A. 20-2-1160 LBOE tribunal power to determine local school controversies; appeals; special ed provisions O.C.G.A. 20-2-752 Establishment of disciplinary hearing officers, panels or tribunals; rules and regs O.C.G.A. 20-2-754 Tribunal procedures Rule 106-4-8-.15 Student Discipline

e-newsletter · e-newsletter . school choice (hb 251 & sb 10) transfers. wednesday, february 1...

Documents