Judge reinstates Cobb student's expulsion that was overturned by state
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A Cobb County student whose expulsion was overturned last year by the state Board of Education has not yet been able to return to his classroom.
- That's because a judge granted the school district's request to reinstate the student's expulsion from North Cobb High School while it appeals the state ruling that overturned it.
Why it matters: "It's a potentially wide-reaching impact case that would set the confines of when and how districts can discipline students for off-campus conduct," Michael Tafelski, an attorney with the Southern Poverty Law Center who is representing the student, told Axios.
State of play: The legal back and forth means the student, identified in court documents as K.B., will finish out the current school year in an alternative school, Tafelski said.
- K.B., whom Tafelski said is a student with disability, is currently enrolled in an online alternative school and his "mental health has continued to deteriorate."
- "Being in a virtual alternative school is not the appropriate placement for a student with his needs."
The latest: The SPLC last week petitioned the Georgia Court of Appeals to hear its argument as to why it should overturn Cobb County Superior Court judge Adele Grubbs' ruling that reinstated the student's expulsion.
The other side: The Cobb County School District said in a statement that while the law prevents them from publicly talking about student discipline issues, "we were, are, and continue to be confident in the facts of the case."
- "While the SPLC disagrees, the courts have ruled 'the facts of this case comply with the law'."
Catch up quick: The student was expelled following an off-campus incident involving his vehicle in August 2023, when he was 16 years old.
- He was charged with aggravated assault, fleeing/eluding police and obstruction and reckless driving, and he was expelled from school for the rest of the year.
- Though the state Board of Education overturned the expulsion, a Cobb County judge later reinstated it. The Southern Poverty Law Center is now asking the Georgia Court of Appeals to reverse that decision and allow the student to return.
What's next: Tafelski said the appeals court has 30 days to decide whether it will hear the case.
Yes, but: By the time a ruling on that comes down, the school year will be over and K.B. will be able to return to North Cobb High School.
- However, Tafelski said K.B. wants to continue with the appeals process to help future students who may find themselves in similar situations.
- "He will have effectively served his punishment, regardless of the outcome, and he will have been denied a lot of opportunities and educational experiences ... that this appeal is not going to remedy," he said.