The State Board of Education decides appeals of decisions rendered by local boards of education in matters of school law pursuant to O.C.G.A. 20-2-1160. The appeals primarily involve matters relating to student discipline and the discipline and termination of certificated personnel, although any matter of school law can be appealed. The State Board has been issuing written decisions in these appeals since the 1970's. Eventually all written decisions of the State Board will be posted on the web in a searchable format.
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Case Number
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Appellant
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vs.
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Appellee
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1978-37
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Ann Wynne |
vs. |
City of Savannah Board of Education |
| This is an appeal by Ann Wynne (hereinafter "Appellant") from a decision by the Board of Public Education for the City of Savannah and the County of Chatham (hereinafter "Local Board") to dismiss her from her position as a librarian. The Local Board's decision was made because of its determination that Appellant had failed to maintain the necessary educational training and had failed to fulfill the terms of the contract she had signed. Appellant appealed to the State Board of Education on the grounds that (1) the school administrators did not have the authority to impose additional educational training requirements, and (2) the grievance procedures of the school system denied her due process rights. The Hearing Officer recommends that the decision of the Local Board be upheld. ...
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1978-36
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Kelley Brisendine |
vs. |
Henry County Board of Education |
| This is an appeal by Kelley Brisendine (hereinafter "Appellant") from a decision by the Henry County Board of Education to suspend her from regular classroom participation for the remainder of the 1978-79 school term and placed in a night course program because of her use of marijuana. The appeal asserts that there was no probative evidence that she was using or smoking marijuana. Appellant's counsel also made an oral motion to exclude certain evidence contained in the record which was received after the hearing before the Local Board. The Hearing Officer recommends that the decision of the Local Board be upheld. ...
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1978-34B
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David Barker |
vs. |
Twiggs County Board of Education |
| On February 8, 1979, the State Board of Education affirmed a decision of the Twiggs County Board of Education (hereinafter "Local Board") to dismiss David P. Barker (hereinafter "Appellant"). Five members of the State Board of Education voted to affirm, three members dissented, and two members were absent. On January 14, 1980, Appellant filed a "motion to set aside decision" with the State Board of Education on the ground that a majority of the State Board of Education did not vote to affirm the decision of the Twiggs County Board of Education. The Hearing Officer recommends that the motion be denied. ...
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1978-34A
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David Barker |
vs. |
Twiggs County Board of Education |
| This is an appeal by David Barker, a principal (hereinafter "Appellant"), from a decision by the Twiggs County Board of Education (hereinafter "Local Board") not to renew his contract for the 1978-79 school term in spite of the findings by the Professional Practices Commission that the evidence did not support the charges made against him. Appellant was charged with nonperformance of duty, inefficiency, and failure to maintain discipline. The appeal to the State Board of Education was made on the grounds that the decision was improper because the school system had not carried the burden of proof in supporting the charges in view of the findings made by the Professional Practices Commission. The Local Board argues that its decision should be affirmed because the Professional Practices Commission grossly abused its discretion in not finding that the burden of proof was carried by the school system, and that the Local Board is vested with the sole authority for hearing and determining local controversies. The Hearing Officer recommends that the decision of the Local Board should be reversed. ...
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1978-33
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John L. Bennie, Jr. |
vs. |
Atlanta Board of Education |
| This is an appeal by John L. Bennie, Jr. (hereinafter "Appellant") from a decision by the Atlanta Board of Education (hereinafter "Local Board") not to renew his contract as a music teacher and choral director for the 1978-1979 school term. The decision of the Local Board was made on the grounds of incompetentcy, willful neglect of duties, and for other good and sufficient cause. The appeal is based on Appellant's assertion that the evidence submitted does not support the charges or the decision of the Local Board. The Hearing Officer recommends that the decision of the Local Board be upheld. ...
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1978-32
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Hugh F. Edwards |
vs. |
Coffee County Board of Education |
| This is an appeal by Hugh F. Edwards (hereinafter Appellant) from a decision by the Coffee County Board of Education (hereinafter Local Board") that his contract as principal not be renewed for the 1977-1978 school year. The reasons given for the non-renewal were (1) inefficiency; (2) insubordination, and (3) violation of Standard Professional Ethics. The appeal is made on the grounds that the decision of the Local Board was wholly unsupported by the charges and evidence, and Appellant's due process rights were violated because of the manner in which the chairman conducted the hearing and the rulings he made on Appellant's motions respecting the sufficiency of the charges and the evidence introduced. The Hearing Officer recommends that the decision of the Local Board be upheld. ...
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1978-31
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Blondia M. Anfield, Clarence Brown, Mildred Goldwire, Walter Graham, Edward Greene, Claudine Powers, Josephine Baker, and Barbara Simmons |
vs. |
City of Savannah Board of Education |
| This is an appeal by eight non-certificated employees (hereinafter collectively referred to as "Appellants") from a decision by the Board of Public Education for the City of Savannah and the County of Chatham (hereinafter referred to as "Local Board") that they should not be reinstated after their dismissal. Six of appellants were school bus drivers, one was a custodial worker, and the eighth was a food services manager. The appeal is based on alleged improper interpretation of the evidence by the Local Board and the deprivation of Appellant's constitutional rights. It is the recommendation of the Hearing Officer that the decision of the Local Board be sustained. ...
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1978-29
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Decision RE R.L.H |
vs. |
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| This is an appeal from a special education placement brought by the parents of a sixteen year old student (hereinafter Student"). The appeal objects to placement of the Student in the Local School System program. The parents want the Local School System to pay the cost of the Student's attendance at a school which specializes in learning disabilities. The Hearing Officer recommends that the decision of the Local Hearing Review Officer be sustained. ...
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1978-28
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Linda West |
vs. |
Newton County Board of Education |
| This is an appeal by Linda West (hereinafter "Appellant"), a tenured teacher, from a decision by the Newton County Board of Education (hereinafter "Local Board") not to renew her teaching contract on the grounds of (1) insubordination, (2) willful neglect of duty, and (3) unprofessional conduct. Appellant appeals the decision on the grounds that (1) the Local Board failed to use the established deficiency notification procedures and thereby denied due process; (2) the Local Board was stopped from alleging deficiencies in performance prior ~o the 1977-1978 school term because of the failure to use the established deficiency notification procedure; (3) the non-renewal was based on Appellant's constitutionally protected exercise of merely found that Appellant stated that she did not agree with the program planned for spelling and was requested on three separate occasions to stop her comments. ...
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1978-27
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Martin Clement |
vs. |
Columbia County Board of Education |
| This is an appeal from a decision by the Columbia County Board of Education (hereinafter referred to as "Local Board") to deny credits for one semester to Martin Clement (hereinafter referred to as "Appellant") because of his attendance at a non-accredited institution during a portion of the semester. The appeal complains that the decision by the Local Board erroneously applied the standards of the Southern Association of Schools; that the Local Board failed to exercise its discretion of allowing Appellant to take tests to see if he could pass the courses; that the refusal to permit Appellant the right to take the examinations denied him due process and equal protection of the law, and the denial of the credits and the opportunity to take examinations was arbitrary, capricious, erroneous, and not founded on fact or on evidence. The Hearing Officer recommends that the decision of the Local Board be upheld. ...
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1978-26
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Terry Lee Sloan |
vs. |
DeKalb County Board of Education |
| This is an appeal from a decision by the DeKalb County Board Education (hereinafter "Local Board") to permanently expel Terry Lee Sloan (hereinafter "Appellant") for threatening and intimidating another student with violence during the school day. The appeal claims that the hearing before the Local Board was procedurally defective and that substantive error exists because Appellant is allegedly handicapped and therefore entitled to special education. The Hearing Officer recommends that the decision to expel Appellant be upheld, but that the decision to permanently expel Appellant be reversed. ...
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1978-25
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Decision RE R.C. |
vs. |
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| This is a special education appeal by the parents from the placement of their son in an l80-day program following a finding by a Local Hearing Review Board that the 180- day placement was appropriate for their child. The appeal complains that the l80-day program is inappropriate and that the child's needs demand a continuous program of education. The Hearing Officer recommends that the decision of the Local Hearing Review Board be sustained. ...
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1978-23
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Decision RE J.A. |
vs. |
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| On May 17, 1978, a hearing was held by a local hearing review board to consider the initial placement decision for J. A. (hereinafter "the Student"). The local hearing review board decided that the learning disabilities and behavioral disorders programs proposed by the school system were appropriate and could be provided by the school system. The student's mother has appealed the decision to the State Board of Education on the basis that the evidence shows that the Student should be placed in a residential setting. ...
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1978-22
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Linda R. Bostick |
vs. |
DeKalb County Board of Education |
| The DeKalb County Board of Education (hereinafter "Local Board") denied Linda R. Bostick (hereinafter "Appellant") a hearing on the reasons for her demotion because she was not a tenured teacher. Appellant has appealed to the State Board of Education on the grounds that she was entitled to a hearing because her teaching contract for the fourth successive year had been offered to her. The hearing officer recommends that the decision of the Local Board be sustained. ...
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1978-21
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Debbie Lee Wells et al., |
vs. |
Tattnall County Board of Education |
| This is an appeal from a decision of the Tattnall County Board of Education (hereinafter "Local Board"), to deny Debbie Lee Wells and others (hereinafter "Appellants") a diploma for failure to obtain a satisfactory score on an achievement test. The appeal complains of several defects in the testing criteria and the manner in which the Local Board conducted the testing. The Hearing Officer recommends that the decision of the Local Board be upheld. ...
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1978-20
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Jerry Snipes |
vs. |
Peach County Board of Education |
| The appeal filed is from a decision of the Peach County Board of Education on May 2, 1978 which denied the petition for rehearing filed by the mother of Jerry Snipes. The petition for rehearing was a request to the Peach County Board of Education to reconsider its decision to permanently expel Jerry Snipes (hereinafter "Appellant") which was made October 26, 1976. ...
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1978-19
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James Brannen |
vs. |
City of Savannah Board of Education |
| On May 15, 1978, the Board of Public Education for the City of Savannah and the County of Chatham (hereinafter "Local Board") voted to terminate the teaching contract of James Brannen (hereinafter "Appellant") on a charge of immorality. The appeal to the State Board of Education urges a reversal because the decision of the Local Board was extreme and unwarranted in light of the facts of the case. The Hearing Officer recommends upholding the decision of the Local Board. ...
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1978-17
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Decision RE S.K. |
vs. |
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| On November 4, 1977, a Local Hearing Review Board rendered a decision after a hearing held on October 10, 1977. The decision held that the parent of S .K. (the parent shall hereinafter be referred to as "Appellant") was not entitled to reimbursement for private school tuition and for psychological evaluations. Appellant appealed the decision to the State Board of Education on November 29, 1977. The Hearing Officer recommends that the decision of the Local Hearing Review Board be affirmed. ...
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1978-15
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Decision RE M.O.J. |
vs. |
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| On March 14, 1978, a hearing was held by a local hearing review officer at the request of the parent of M.O.J. The purpose of the hearing was to review the placement of M.O.J. that had been recommended by the local placement committee. The hearing review officer decided that the recommendation of the placement committee that the student be placed in a trainable mentally retarded program should be followed. The parent of the student appealed to the State Board of Education, but did not set forth any basis for the appeal. ...
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1978-14
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Cherryl Cooper |
vs. |
City of Savannah Board of Education |
| This appeal follows from the same circumstances that existed in Case No. 1978-13. Cherryl Cooper (hereinafter "Appellant") was demoted as the result of a reorganization instituted by the Board of Public Education for the City of Savannah and the County of Chatham (hereinafter "Local Board"). As grounds for the appeal to the State Board of Education, Appellant states that the Local Board did not have any authorization under the Fair Dismissal Law to demote her after a contract had been entered into for the coming school year, and the Local Board unconstitutionally breached the employment contract. It is the recommendation of the Hearing Officer that the decision of the Local Board be affirmed. ...
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1978-13
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Grace J. Moore |
vs. |
City of Savannah Board of Education |
| On December 7, 1977 the Board of Public Education for the City of Savannah and the County of Chatham (hereinafter "Local Board") entered a decision which affirmed the demotion of Grace J. Moore (hereinafter "Appellant"). The demotion resulted from a reorganization plan adopted by the Local Board on June 8, 1977. ...
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1978-12
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Lemuel Charles |
vs. |
DeKalb County Board of Education |
| On March 10, 1978, the DeKalb County Board of Education (hereinafter "Local Board") voted to expel Lemuel Charles (hereinafter "Appellant") for the remainder of the 1977-78 school year and require him to show cause "why he should be reconsidered for admission to the DeKalb County School System no earlier than the Fall Quarter of 1978." Appellant was expelled on charges of threatening and attempting to assault another student with a dangerous weapon. The appeal to the State Board of Education alleges both procedural and substantive errors. The Hearing Officer recommends that the Local Board be sustained in part and reversed in part. ...
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1978-11
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Pam Oliver Pittman |
vs. |
Paulding County Board of Education |
| On March 13, 1978, the Paulding County Board of Education (hereinafter "Local Board") entered a decision to uphold the administratively imposed suspension of Pam Oliver Pittman (hereinafter "Appellant") for the remainder of the quarter without any credit for work during the quarter because of Appellant's violation of the smoking rules of the school system. The appeal asserts that the decision was unreasonable, illegal and unconstitutional. The Hearing Officer recommends that the decision of the Local Board be affirmed. ...
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1978-10
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William T. Owen |
vs. |
Long County Board of Education |
| On June 16, 1977, the Long County Board of Education (hereinafter "Local Board") entered a decision not to renew the contract of William T. Owen (hereinafter "Appellant") for the 1978-79 school year. Appellant had been charged with incompetency, insubordination, and willful neglect of duties. An appeal was made to the State Board of Education on the grounds that the hearing was biased and the evidence did not support the charges. The Hearing Officer recommends that the decision of the Local Board be reversed. ...
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1978-09
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James C. Holliday |
vs. |
Columbia County Board of Education |
| On January 3, 1978, the Columbia County Board of Education (hereinafter "Local Board") denied a motion made by James C. Holliday (hereinafter "Appellant") to reconsider its December 15, 1977 decision to terminate Appellant's teaching contract. The initial decision to terminate Appellant was based on the Local Board's findings that Appellant: (1) failed "to maintain adequate control of the classroom over a prolonged period of time"; (2) failed "to abide by 0 . . . [Local Board] policies in relation to handling of disciplinary problems," and (3) "conduct unbecoming a teacher while dealing with student discipline problems." The appeal asserts that (1) there was a denial of due process; (2) Appellant's rights under Georgia Code Section 32-2l0lc were violated; (3) the evidence did not support the charges; (4) the decision of the Local Board was arbitrary and capricious and not based on the facts presented; (5) the charges did not constitute good and sufficient cause to terminate, and (6) the procedures used by the Local Board did not comply with the provisions of the 1975 Fair Dismissal Law of Georgia. The Hearing Officer recommends that the decision of the Local Board be reversed. ...
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1978-08
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William James |
vs. |
Washington County Board of Education |
| On December 6, 1977, the Washington County Board of Education (hereinafter "Local Board") entered a decision to expel William James (hereinafter "Appellant") for the remainder of the 1977-1978 school year. The charges made against Appellant were that (1) he threatened a school teacher; (2) he directed profanity against the principal, and (3) he refused to do anything the teacher asked of him. The primary thrust of the appeal is that the decision is erroneous because of the failure of the Local Board to take into consideration Appellant's handicap and provide him with special education services instead of expelling him for the remainder of the school term. The Hearing Officer recommends that the appeal be dismissed because the issues presented are moot. ...
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1978-07
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Alonzo Braceley |
vs. |
Burke County Board of Education |
| On January 24, 1978, the Burke County Board of Education (hereinafter "Local Board") voted to expel Alonzo Braceley (hereinafter "Appellant") from school. Appellant had been charged with fighting and hitting a bus driver. The appeal to the State Board of Education asserts that (1) the expulsion is unconstitutional because it denies Appellant equal protection of the law; (2) the expulsion is an extremely harsh penalty; (3) the expulsion is unconstitutional because Appellant was denied procedural due process when the Local Board did not take Appellant's handicaps into consideration, and (4) the expulsion is unconstitutional because the Local Board failed to hold a timely hearing, did not make a timely decision, and did not make findings of fact. The Hearing Officer recommends that the decision of the Local Board be upheld. ...
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1978-06
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Johnny Lee Owens |
vs. |
Burke County Board of Education |
| On January 17, 1978, the Burke County Board of Education (hereinafter "Local Board") expelled Johnny Lee Owens (hereinafter "Appellant") after a hearing held the same day. There were not any charges made against Appellant and the Local Board did not make any findings of fact, but it appears from the record that the expulsion was made because the principal thought that Appellant's mother could no longer control him. The appeal to the State Board of Education asserts that (1) the expulsion is unconstitutional because it denies Appellant equal protection of the law; (2) expulsion is an extremely harsh penalty; (3) the expulsion is unconstitutional because Appellant was denied procedural due process when the Local Board did not take Appellant's handicap into consideration, and (4) the State Board of Education and the Local Board are in violation of their obligations under the Federal Education of the Handicapped Act in failing to guarantee proper due process hearings in all cases involving a change in educational placement. The Hearing Officer recommends that the decision of the Local Board be reversed. ...
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1978-05
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Kenneth L. Pope |
vs. |
DeKalb County Board of Education |
| The appeal in this matter was filed on January 25, 1978, and the hearing was scheduled for April 10, 19780 The Appellant did not submit a brief or appear at the hearing, even though Appellant's counsel was aware of the hearing date. ...
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1978-04
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Jeannette Wright |
vs. |
Dodge County Board of Education |
| The Dodge County Board of Education (hereinafter "Local Board") held a hearing-on November 30, 1977, and at the conclusion of the hearing rendered a decision ordering the termination of the teaching contract of Jeannette Wright (hereinafter "Appellant"). The reasons given for the termination were incompetency and willful neglect of duties. The specific charges were that Appellant had unjustified absences from the school and that the Appellant appeared in class under the influence of intoxicating liquors and with the odor of alcohol on her breath. The appeal to the State Board of Education was made on the grounds that the decision of the Local Board was arbitrary and capricious, and that the hearing was procedurally deficient. ...
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1978-03
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Betty Kemp, Pam Bailey and Marilyn Bailey |
vs. |
Jefferson City Board of Education |
| The Jefferson City Board of Education, hereinafter "Local Board", held a hearing on November 2, 1977, and after the hearing voted to expel three students, Betty Kemp, Pam Bailey, and Marilyn Bailey, hereinafter sometimes referred to as "Appellants," for the remainder of the 1977-1978 school year after finding that they had brought weapons onto the school campus and had been involved in a fight with a fourth student which resulted in the fourth student being injured and requiring medical attention. The appeal was made on the grounds that the decision violated the Appellants' constitutional due process rights because it was excessively severe and the school system did not have any disciplinary rules by which the Appellants could measure their own conduct and punishment. The basic argument advanced by the Appellants is that the expulsion was permanent because it did not set forth any standards for re-admittance. In addition, Appellants argue that they did not know that they could be expelled and the Local Board failed to show that expulsion was necessary. ...
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1978-02
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Gertie Simmons |
vs. |
Camden County Board of Education |
| This appeal is a companion to Case No. 1978-1, Baker vs. Camden County Board of Education. On November 22, 1977, the Camden County Board of Education (hereinafter referred to as "Local Board") made a decision to uphold the termination of Gertie Simmons (hereinafter referred to as "Appellant") from her position as a teacher in the Camden County High School. This decision followed a recommendation made by the Professional Practices Commission. The termination was made on the grounds that Appellant was insubordinate and had willfully neglected her duties. Appellant has appealed to the State Board of Education on the ground that the evidence did not support the decision. The Hearing Officer recommends that the decision of the Local Board be affirmed. ...
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1978-01
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Thomas Baker |
vs. |
Camden County Board of Education |
| On November 22, 1977, the Camden County Board of Education (hereinafter referred to as "Local Board") made a decision to uphold the termination of Thomas Baker (hereinafter referred to as "Appellant") from his position as a teacher in the Camden County High School. This decision followed a recommendation made by the Professional Practices Commission. The termination was made on the grounds that Appellant had willfully neglected his duties, had used school photocopying equipment without authorization, and had exhibited hostile action against the Curriculum Director. Appellant has appealed to the State Board of Education on the ground that the evidence did not support the decision. ...
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(404) 657-7410
(404) 657-6978