Student Tribunal Project

Propelled by the findings of the 'Effective Student Discipline' project, Georgia Appleseed Young Professionals Council (YPC) has embarked on a new signature project to substantiate there is an acceptable level of due process for teens in public school disciplinary hearings. Under Georgia law, K-12 public school students faced with proposed out of school suspension of ten days or more, or with expulsion, are entitled to dispute the proposed disciplinary action at an administrative hearing often referred to as a 'tribunal.' The statute provides for basic due process protections related to notice, the opportunity to present witnesses and evidence, cross examine witnesses and the right to have counsel represent the student in the proceeding.

Concerns have been expressed about presiding officer objectivity and about the availability of qualified counsel to assist students, especially indigent students, in the proceedings. Because of the impact a long term suspension or expulsion may have on a student's academic success, it is important that the tribunal process provide meaningful due process to a student.

Pro bono support for this new project includes Kilpatrick Townsend as the lead firm, with Cathy Henson as lead Board Liaison, and YPC Public Education Committee members serving on the project advisory committee.

A complete list of the Student Tribunal Advisory Committee members can be found here.

Student Tribunal Project Phases

Phase I includes research of state statutes and case law related to the tribunal process; volunteer-led fact finding of affected stakeholders (such as students, parents, educators, hearing officers) to determine how the tribunal process is working and identity due process or other concerns: and preparation of a report of findings and action recommendations.

Phase II will focus on action implementation arising from the Phase I report. Based on anecdotal concerns, these may include facilitation of training pro bono lawyers to serve as tribunal hearing officers or counsel for students in the process (pending, of course, any legal impediments to such service and assessment of school district acceptance of volunteer hearing officers.)

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