Complaints connected with disciplinary decisions at a Georgian public school are governed by Articles 12 and 19 of the Law on General Education. Together these two norms create the complete legal regime of school discipline: Article 12 establishes the right of appeal, while Article 19 regulates disciplinary prosecution, sanctions and the procedure for their application. Compared with higher education this is a separate regime: the law names precisely who may impose which sanction, and strictly limits expulsion.
The right of appeal and compensation of damage
Under paragraph 1 of Article 12, the pupil, the parent and the teacher have the right, for the protection of their rights and freedoms, to appeal the unlawful and other illegitimate acts of the teacher, the school and the mandatur (school safety officer), and also to receive full compensation for the damage incurred. This norm is broad: it is not limited to disciplinary decisions — any illegitimate act is appealable, and the right to demand full compensation of damage is written directly into the law itself.
Paragraph 2 of Article 12 obliges the school to create an effective means of independent and impartial review of complaints. The same requirement, under the supplementary norm to paragraph 2, binds the mandatur service of the educational institution as well: it too must create an effective means of impartial review. The school thus contains two internal complaint channels.
The procedure of disciplinary prosecution and the system of sanctions
Under paragraph 2 of Article 19, the requirements established by the school's internal rules, the disciplinary prosecution and the sanction must be reasonable, justified and proportionate. Prosecution may be conducted only in the cases provided for by the internal rules and in the prescribed manner, through a proper and fair procedure; during it the school must explain to the pupil or the teacher the essence of the offence.
The hierarchy of sanctions is distributed precisely in paragraph 12 of Article 19: the decision to expel a pupil from a lesson is made by the teacher; the decision on temporary dismissal from school for up to 5 days is made by the school director; while dismissal for 5 to 10 days or expulsion from school is decided by the disciplinary committee by secret ballot. This distribution matters for the appeal as well.
A special guarantee lies in the supplementary norm to paragraph 12 of Article 19: it is impermissible to expel a pupil from school at the primary and basic levels. Expulsion, as a sanction, is admissible only at the secondary level and only by secret ballot of the disciplinary committee.
Procedural protection: the parent, silence, territorial limits
Article 19 also requires the parent's involvement: the parent must be notified immediately of the application of a sanction against the pupil and of the initiation of prosecution, and the pupil has the right to appear together with the parent when a related matter is decided. Upon expulsion from a lesson or temporary dismissal the school is obliged to keep the pupil under its care.
Under paragraph 10 of Article 19, it is impermissible for a school to prosecute a pupil or a teacher for an act committed during time free from school or outside the school's territory. During disciplinary prosecution the pupil and the teacher have the right of silence — although the right of silence does not release them from disciplinary liability. It is likewise impermissible to apply a cruel sanction or one that violates a person's honour and dignity, and the school is obliged to take measures so that the sanction does not cause the pupil's substantial falling behind from the study process.
When assigning school-beneficial activity, the law caps its duration: for the primary level it must not exceed 1 hour per day, the basic level 2 hours per day, and the secondary level 3 hours per day. Such activity may be assigned with the parent's consent; its content, manner, place within the school territory and the supervising person must be determined; damage is compensated under the procedure established by legislation, and the burden of proof lies with the school administration.
Judicial protection
Labour disputes arising between a public school's director and its staff, between the board of trustees and the director, and between the director and the ministry are examined by the court as civil disputes — established by paragraph 3 of Article 12. The court is the final arbiter of educational disputes: where internal channels fail, the interests of the pupil or the parent stand protected in court.
Frequently asked questions
Below we answer the questions that arise most frequently in the practice of educational disputes.
Who may appeal a disciplinary decision at school?
Under Article 12, the pupil, the parent and the teacher may appeal the unlawful and other illegitimate acts of the teacher, the school and the mandatur, and receive full compensation for the damage incurred.
Who may expel a pupil?
An expulsion decision is adopted only by the disciplinary committee by secret ballot, and only at the secondary level — at the primary and basic levels expulsion is prohibited outright by the law.
May a pupil be punished for an act committed outside school?
No. It is impermissible to conduct disciplinary prosecution for an act committed by the pupil during time free from school or outside the school's territory.
What happens with the parent upon temporary dismissal?
The parent is notified immediately of both the application of the sanction and the initiation of prosecution, and the pupil may appear together with the parent when the matter is decided; upon expulsion from a lesson or dismissal the school keeps the pupil under its care.
How We Help on Legal.ge
The Legal.ge team handles the classic cases of school disputes: unlawful expulsion or dismissal decisions, lack of transparency, disregard of the parent. We will determine which organ and under which procedure should have adopted the decision, draft a complaint for the school or the mandatur service, and provide a court-protection plan if the internal channels fail. Contact us — the protection of your child's rights starts from the very first consultation.