The state Department of Education has overturned a Henry County school's decision to suspend a middle school student for six months because she briefly exposed her breasts on a school bus.
According to school records, on Aug. 28, 2018, the girl was a 12-year-old, seventh-grader. On the bus to school, a boy told another male student that her breasts were probably just tissue paper. She overheard the comment and in annoyance flashed her breasts, to prove they were real.
Later that day, the two male students told school administrators of her action. When questioned, she acknowledged doing it.
Austin Road Middle School officials determined she had violated the school code of conduct and placed her in in-school suspension until a disciplinary hearing on Sept. 13. The hearing officer imposed the long-term suspension, through Feb. 15, 2019. The girl appealed to a tribunal of the Henry County school board, which rejected her appeal and upheld the punishment. The girl's mother hired an attorney and appealed that decision to the state.
In the final decision, signed Jan. 17, the DOE said the Henry County Board of Education failed to consider the totality of the circumstances and thus abused its discretion when it suspended her for so long.
The girl must file a formal complaint with the school district for the incident to be removed from her permanent record.
“It won’t happen automatically like it would have if this was juvenile court,” said Candice McKinley, her attorney. “It’s not an expungement, but they can make it so this won’t follow her.”
McKinley is a former educator who now takes on many cases dealing with students’ rights.
“I hope the local administrators think long and hard about this case and how they failed to use their discretion in a positive way,” said McKinley. “This didn’t have to go as far as it did. My client didn’t have any prior disciplinary problems and the school system didn’t consider the stress she was under from the boys bullying her.”
Henry County schools issued this statement:
“We are aware of the State Board of Education’s decision to overturn a ruling that was previously upheld by the Henry County Board of Education. As we prepare for the 2019-2020 school year, we have committed to a thorough examination of our student code of conduct and a review of our process for assigning consequences.”
The girl’s mother said she won’t be sending her daughter back to the school district and is considering civil legal action.
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