Cobb schools appeal state ruling overturning a student's expulsion

The State Board of Education overturned a Cobb County student's expulsion, but he's unable to return to class as the school district appeals the decision.

Why it matters: A Cobb Superior Court judge's ruling granting the district's request to halt the order as it appeals the case is the first time a judge stopped a student from returning to school after the state reversed a local decision, says Michael Tafelski, the attorney with the Southern Poverty Law Center who is representing the student.

Zoom in: At issue is whether the district indeed had jurisdiction to expel the North Cobb High School student under the circumstances at play. The district argues that it does and that the student's return to the school would put the safety of other students and employees in jeopardy.

• "Although federal law doesn't allow us to talk about student discipline in public, we are confident in the facts of the case," a district spokesperson said in a statement.

The other side: Tafelski says he believes the district "wants to slow the case down as much as possible… because they know that on the merits, we should win."

• "If they can keep him out while the appeal is pending, they can just run the clock and get the relief that they want," Tafelski said.

Flashback: In August 2023, the student, who was 16 at the time, was seen driving "recklessly" in the school zone, but not on campus, according to the State Board of Education documents.

• He pulled into the parking lot of a barbershop across the street from the school and backed his vehicle into a parking space.
• A school resource officer and an assistant principal pursued him in a police vehicle and then approached him in a parking space.
• After refusing to roll down his window, the student began to pull out of the parking space, and the front of his car "inadvertently nudged" the officer, who used her hands to push away from the student's car, according to the case summary.

The officer was not injured. The Cobb County School Police Department charged the student as a juvenile with aggravated assault, obstruction, reckless driving and fleeing/attempting to elude an officer. And he was expelled.

• In addition to the State Board of Education overturning that expulsion, Christine Brittain, the student's mother, tells Axios the criminal charges have since been dropped.

Between the lines: The state ruled Cobb's off-campus misconduct policy was too broad because it gave itself the authority to discipline students for conduct that could lead to non-felony charges.

• State law only gives school boards jurisdiction over off-campus conduct that could be criminally charged as felonies.

What they're saying: Brittain told Axios her son misses his friends at North Cobb.

• "I know he's not dangerous, you know he's not dangerous, but you're too scared to admit that your administration and resource officer made a huge mistake," she said, referring to the district.

What we're watching: Cobb County Superior Court remains under a judicial emergency , which could delay a judge setting a hearing date.

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