2026-2027 HEARING OFFICER UPDATE

Added: 2026-05-11

[00:00:02]Welcome to the 2026 2027 hearing officer update which is required by state board rule 160-4-8-5.

[00:00:23]This update is only for those educators that have completed the required 5-hour training program specified in state board rule 160-4-8-5.

[00:00:38]Completing this update alone does not qualify you to participate in hearings unless you have had the full hearing officer course. The deadline for completing the update this year is October the 1st, 2026. If you have questions or concerns, please do not hesitate to contact Jimmy Stokes at 770601-3798.

[00:01:07]Effective for 2027 2028 school year, there will be a prohibition against cell phones and personal electronic devices in grades K through 12.

[00:01:20]uh prior to by January the 1st, 2027, each school system uh and school shall adopt and re and revise an appropriate policy and procedure that in at a minimum does the following. One is that uh prohibits bailto bail uh access to personal electronic devices by students in kindergarten through grades 12 subject to uh exceptions provided by law.

[00:01:59]Secondly, they must establish a an appropriate method for storing students personal electronic devices, including but not limited to a student's locker, a locked pouch, or a designated place in the classroom. And thirdly, establish clear procedures for all off-campus events or activities, including all school sponsored events and field trips, daily transportation, athletic and extracurricular events and other instructional opportunities that do not occur on school grounds, including but not limited to participation in the dual enrollment program and workbased learning programs and apprentichip programs. Again, by January the 1st, 2027, school systems must establish policies which govern these particular events.

[00:02:58]The Georgia General Assembly passed a new law regarding student groups or organizations uh and whether or not students can be limited or punished for certain memberships. This is the law. Students enrolled in public schools in this state may organize partisan or nonpartisan political activities and groups before, during, and after school to the same extent that students are permitted to organize other non-curricular student activities and groups during non-instructional time. The law is very clear that the schools continue to have authority over student behavior and that students can be sanctioned for violation of the student code of conduct.

[00:03:46]That concludes the changes in law for this year, but there are several other items which are of interest and concern to uh hearing officers throughout the state of Georgia that need to be addressed.

[00:04:05]The 2025 general assembly made a change to 20-2-754 which significantly changes the way we deal with the 10day window with regard to uh scheduling hearings. Hearings must be conducted within 10 school days. That has not changed from the date of the suspension pending a a hearing. So once you tell a student that you are suspended pending a hearing, you have 10 school days, weekends and holidays don't count uh from that time to complete the hearing. The hearing may be postponed for an additional 5 days by mutual consent of parents and schools. The school is not required to do it just because the parents asked. It has to be by mutual consent. Any postponement after 15 school days will require a written request from parents with the agreement of the school system. Students must be provided appropriate grade level instructional materials from the beginning of the suspension and school work must be provided for uh for the days described in 20-2-754 as well as the five days permitted for agreed upon extension of the suspension.

[00:05:25]Hearsay evidence is permitted in a due process hearing, but the evidence must include some element of traditional non-H hearers evidence per the state board of education. So, at the discretion of the hearing officer or the chairman of the tribunal, hearing hearsay evidence may be permitted in a hearing, but you got to have something other than just hearsay evidence uh for the hearing.

[00:05:57]In addition to any proceedings which are authorized in code section 20-2-752, local boards of education shall appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing following any incident of alleged violation of the student code of conduct where the principal recommends the suspension or expulsion longer than 10 days or an alleged assault or battery by a student upon a teacher or other school employees. If the teacher requests the hearing, they must be granted a hearing.

[00:06:33]Repeat that. If a teacher requests a hearing after there has been an attack on a teacher, then the teacher must be granted the hearing.

[00:06:45]Students charged with an off-campus felony are subject to a hearing. You must conduct a hearing to determine whether the student is to be placed in alternative school where they are they are to be returned to the high regular school or whether they are to be expelled if they are present a threat to the safety and security of the school which must be testified to by the principal of the school in which they're returning. Once the student has has been adjudicated, another hearing must be held and then the student may be placed in alternative school may be returned to the regular school or may be expelled once again if it is determined that the student represents a threat to the safety and security of the school as result of testimony from the principal of the school.

[00:07:38]dealing with incarcerated students.

[00:07:40]That's either in jail or in YDC. The primary rule to remember is that if you are going to suspend or expel a child from from his school environment for more than 10 days, you must provide the opportunity for a due process hearing for the student as required by law. With that in mind, if a student is incarcerated in YDC, DJJ, jail, or whatever, they are not suspended. Being incarcerated does not equate to being suspended from school. Thus, you have no need to initiate a charge letter while the student is incarcerated. Wait until the student is uh out of jail, returns to school, then issue the charge letter, and carry on with the the appropriate uh hearing. Then that way, the 10-day clock starts when the student returns to school.

[00:08:28]Students and or parents may appeal the decision of a tribunal to the board of education.

[00:08:38]The notice for appeal goes to the superintendent and only and all that is required is simply a notice of I wish to appeal and that's all it takes.

[00:08:51]And the the uh once that appeal is made then the uh uh board will be required to complete the the review of the appeal within 10 days.

[00:09:06]That's not that's not 10 school days but 10 working days. Uh and so therefore uh spring break, fall break, so forth does not count toward that. The board has to complete the review within the 10 days.

[00:09:24]The appeal must be made to a quorum of the board of education members. One ed one board of education member may not handle an appeal. So you have to have a quorum of the board. So remember that the appeal is made on the basis of the record only. No new evidence, no new testimony, no new nothing. So uh it goes strictly based on the recording and the evidence presed presented in the hearing.

[00:09:54]One of the difficult operations of being a high school principal is when students withdraw from school after they have been charged with an offense and a and a hearing is called for. Please understand that the state board has been emphatic about the fact that once you tell a student you are charged with a an offense and that uh you are suspended pending a hearing, you must conduct the hearing. Regardless of whether the student and parents attend the hearing or not, you must conduct the hearing. So once you tell them that you that that you're going to have a hearing, you must conduct the hearing. And if a student has in fact withdrawn and and transferred to another school, you're obligated to inform the new school of the conditions of the sus uh the findings of the hearing.

[00:10:48]Under FURPA laws, bus videos most certainly may be used in hearings.

[00:10:54]Please understand that Furpa says that we may not share the video with the parents. That means that we can't give the parents a copy of the video unless the all the the faces of the uh bystander students are are redacted. Uh but otherwise you can show the video to the parents before the hearing starts.

[00:11:17]You can show it in the video. Show it excuse me you can show it in the in the hearing. So, it is recommended that it that parents look at the videos before the hearing begins. Uh, one of the situations that we continue to have problems with across the state is that students who are should not be taken to a hearing for habitual offenses.

[00:11:47]Folks, the uh state law 20-2-765 has been in place for several years now and requires that we conduct a go through a process if a student has committed a number of offenses and we wish to charge them with being a habitual offender and rather than that we're going to charge them and make them a chronic disciplinary student. Please read the the evidence uh and procedures requirement uh for in 20-2-765 uh and uh it please understand that it is uh prominent in the new disciplinary regulations which have come from house bill 268 last year.

[00:12:34]We're seeing more and more vape cases.

[00:12:38]Schools are recommended to include in their code of conduct the simple possession of a vape and it carries the same offense and same punishment as the pos possession of a vape containing THC.

[00:12:51]That way it is not necessary to prove the contents of the of the vape. Uh and you don't have to worry about having a school resource officer test the contents. If you have that in your code of conduct, uh you can take care of vape possession uh and not have to worry about whether or not it is contains THC.

[00:13:14]A local board of education which has a student who attempts to enroll or who is enrolled in any school in its school system during the time in which that student is subject to a disciplinary order is authorized to refuse to enroll or subject that student to shortterm suspension. long-term suspension or expulsion from any time remaining in that other school system or school systems disciplinary order upon receiving a certified copy of such uh offense from the uh which led to the suspension or expulsion in the other school system or schools were was an offense which suspension or expulsion should be imposed in the enrolling school.

[00:14:03]We all me receive many many questions about can we enroll a student that has been suspended in another school. Yes, you can. But they are they must complete their suspension and if they are assigned to alternative school they must complete their alternative school assignment once they enroll with you.

[00:14:28]Special education students who are being served under IDA and section 504 students who are being served under ADA may face tribunal hearings. Please be reminded that you must complete the manifestation hearing before the hearing takes place. If if it is determined that the charge for the student is a manifestation of this disability, the supervising committee IEP team or the 504 team makes the determination of consequences for the student. Exceptions for this are drugs, weapons, or other serious body injury for which a change in placement may be made for up to 45 school days regardless of whether the behavior is a manifestation. A tribunal will still be required uh for this exception. Uh the official code of Georgia 20-2-768 certainly applies if a special education or 504 student is arrested and charged with a felony for an off-campus event.

[00:15:32]School systems and schools are required to continue to provide services to both special ed and 504 students if they are suspended, if they are placed in alternative school, or if they are expelled for any reason.

[00:15:50]Students who are in grades K through three may not be suspended for more than five school days per school year unless the MTSS process is in place for that student. If the student is being evaluated under MTSS, regular discipline rules apply.

[00:16:12]Per state board of education policy, students in grades K through five may not be placed in alternative schools containing 6 through 12 students without local board policy approving such placement. Please consult your board attorney before beginning the practice of placing K through5 students in your 612 alternative school.

[00:16:37]State Board Rule 160-4-8-15 requires that all persons who participate in a disciplinary hearing uh as a hearing officer, tribunal chair, or tribunal hearing member must be trained per the the rule. They must complete the five-hour course and the uh and they must do the the annual update.

[00:17:06]The training for new members will be held on the following dates. It's the third Thursday of each month, Mon uh May through October. That's May 21st, June 18th, July 16th, August the 20th, September the 17th, and October the 15th. Uh to train uh to sign up for the training, they simply have to send an email to jstoesgale.org.

[00:17:29]uh and that uh you will be sent the appropriate link and training materials for that training. Uh Gail will also sponsor a virtual training uh hearing officer training on the third Thursday of each month as well as at summer gale.

[00:17:45]Uh the the uh Wednesday of summer gale uh it it will be offered live and then the next day it will be offered uh virtually.

[00:17:58]To receive credit for this update, please complete the Google form which is attached to the email sent to you which contains the this particular uh PowerPoint and return it to the return that Google form to the Gail office as directed on the form. You will receive a confir confirmatory uh email which you should print and and or transmit to your central office. This is the only certificate that you will receive for completing the update.

[00:18:29]If you have questions regarding this presentation or hearing officers uh situations in general, please do not hesitate to contact Jimmy Stokes at 7706013798.

[00:18:44]There's no charge for the consultation and no charge for the training. Thank you very much for your participation in the 2027 20ou 2026 excuse me 2027 hearing officer update.