• Appealing a Tribunal Decision – A Complex Undertaking

    A student has the right to appeal any decision of the hearing officer, panel, or tribunal, imposing a long-term suspension of more than ten (10) days or expulsion. The appeal is made to the Richmond County Board of Education (RCBOE). The Richmond County Board of Education reviews the hearing record and takes the action it deems appropriate, including imposing more lenient or a harsher discipline than that imposed by the disciplinary tribunal.

    If appealing the tribunal's decision is appropriate, then the appellant must file a written notice within twenty (20) days from the date of the tribunal’s decision.

    The time calculations for appeals include holidays and weekends. If the twentieth (20th) day falls on a holiday or weekend, the appeal must still be submitted prior to that holiday or weekend.

    After receipt of the appeal, the RCBOE shall review the record and render its decision in writing within ten (10) days (excluding weekends and public and legal holidays) from the date the RCBOE receives notice of the appeal.

    If the Richmond County Board of Education decision is adverse to the client, the attorney may file an appeal to the State Board of Education (SBOE) within thirty (30) days of that decision to the State Board of Education. Either party may appeal the decision to the SBOE. If the decision is appealed to the SBOE, both parties are required to file briefs with the SBOE. Oral arguments occur if either party or the hearing officer requests oral argument within ten (10) days of the docketing.

    After the SBOE issues its decision, either party may then appeal to the Superior Court of the county where the Local Board of Education (LBOE) is situated. The appeal must be filed within thirty (30) days from the decision of the SBOE. Within ten (10) days of the filing of such appeal, the State School Superintendent shall transmit a certified copy of the record, a transcript from the LBOE, the LBOE decision, and all orders of the SBOE to the Superior Court.

    If the student receives an unfavorable ruling from the Superior Court, the attorney may file an application for discretionary review with the Georgia Court of Appeals.