COBB COUNTY, Ga — Today, the Southern Poverty Law Center (SPLC) filed an application for discretionary appeal with the Georgia Court of Appeals in an ongoing student expulsion case. SPLC client, K.B., is a Black student with a disability who was expelled for alleged behavior that occurred outside of school, under the Cobb County School District’s unlawfully expansive off-campus behavior policy.
SPLC successfully challenged this policy and K.B.’s expulsion on appeal before the State Board of Education. In a July 17, 2024, decision, the State Board found the policy was unlawful and that the Cobb County Board of Education exceeded its authority when it expelled K.B., who was a 16-year-old student in 2023, for alleged off-campus conduct. And just a month before the State Board’s decision, the Cobb County Board narrowed its off-campus behavior policy to align with Georgia law.
Despite acknowledging that its off-campus behavior policy was not lawful, the Cobb County School District filed an appeal of the State Board decision on July 22, 2024, seeking to reinstitute K.B.’s expulsion. At the same time, the district filed a motion to prevent K.B. from returning to North Cobb High School for the 24-25 school year. The Superior Court granted the motion, forcing K.B. to remain in the district’s alternative program pending resolution of the district’s appeal. After waiting to conduct a hearing for over six months, the Superior Court affirmed the local board’s decision to expel K.B., effectively reinstituting his expulsion.
Now, SPLC has appealed the most recent decision to get the student back into school.
“The Cobb County School District continues to expel students with no regard for the law. And it continues to waste precious time and taxpayer money defending their unlawful conduct – money that could be used to support students’ education, school engagement, and well-being,” said Michael Tafelski, interim deputy legal director, Southern Poverty Law Center. “The Cobb County School District has weaponized the state court appeal process to keep K.B. out of school for nearly two years, despite his success at the state board. It is sending a clear message: in Cobb, even when students win, they lose.”
Cobb County has referred nearly 700 students for expulsion every year. Marginalized students lose tens of thousands of days of educational instruction due to this unlawful policy and many other disciplinary policies. Black students make up nearly 53% of those receiving disciplinary action, while only being 33 percent of the student population. Students with disabilities accounted for about 13 percent of the student population but make up 28 percent of those receiving discipline.
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About the Southern Poverty Law Center
The Southern Poverty Law Center is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people. For more information, visit www.splcenter.org.