C. P. R. v. Henry County Board of Education, 329 Ga. App. 57

Background

Student C.P.R., a 19-year-old senior, was found in possession of two Tylenol 3 pills (codeine) on a school bus and at school; he initially denied but later admitted intent to sell them.
School administrators obtained written statements from three students and bus video corroborating handoff and dropping/retrieving of pills; two students later recanted at the disciplinary hearing.
A school resource officer interviewed C.P.R. (Miranda advised); C.P.R. again admitted intent to sell.
A hearing officer found violations of three handbook provisions (possession of a drug; selling/attempted sale; commission of an act constituting a felony) and imposed long-term suspension to be served at an alternative school.
The Henry County Board, State Board of Education, and Superior Court all affirmed; C.P.R. appealed to this Court on the sufficiency-of-the-evidence and related procedural grounds.

Issues

Issue	Plaintiff's Argument (C.P.R.)	Defendant's Argument (Henry County Board/School)	Held
Whether "any evidence" supported finding C.P.R. possessed a drug in violation of handbook rule	C.P.R.: Had a valid prescription so not unlawful possession	School: Handbook prohibits possession of any drug/medicine at school without prior principal approval; he failed to follow medication procedure	Held: Sufficient evidence — possession violated handbook because prescription medication required prior school approval
Whether evidence supported finding C.P.R. sold/attempted to sell drugs (handbook selling rule)	C.P.R.: Insufficient proof of attempted sale; witness recantations and alleged investigatory shortcomings	School: admissions by C.P.R., written statements, and bus video corroborate attempts/offers to sell; credibility and weight are for board	Held: Sufficient evidence — admissions, written statements, and video supported violation
Whether evidence supported finding C.P.R. committed an act constituting a felony (possession with intent to distribute within 1,000 ft.)	C.P.R.: Grand jury later returned a no-bill on felony indictment (argues disciplinary finding should be reversed)	School: Record showed intent to distribute near school; criminal no-bill not in hearing record and criminal standard differs	Held: Sufficient evidence in disciplinary record to support felony-based handbook violation; no-bill not considered and is not dispositive for disciplinary findings
Appropriate standard of review / applicability of APA	C.P.R.: Argued APA review and de novo review apply	Board: Student disciplinary appeals governed by Public School Disciplinary Tribunal Act / OCGA §20-2-1160; appeals confined to record and reviewed under "any evidence" standard	Held: APA does not apply to local boards; appellate review is "any evidence" confined to record, deferential to board

Key Cases Cited

D. B. v. Clarke County Bd. of Ed., 220 Ga. App. 330 (discusses local boards’ authority under Public School Disciplinary Tribunal Act)
Fulton County Bd. of Ed. v. D. R. H., 325 Ga. App. 53 (application of "any evidence" review and record confinement)
Chattooga County Bd. of Ed. v. Searels, 302 Ga. App. 731 (deferential review; courts construe record in light most favorable to board)
King v. Worth County Bd. of Ed., 324 Ga. App. 208 (broad discretion of school boards in discipline)
Lansford v. Cook, 252 Ga. 414 (local boards are not "agencies" under the APA)
Pruitt Corp. v. Ga. Dept. of Community Health, 284 Ga. 158 (discusses APA review framework)
Atkinson v. State, 280 Ga. App. 635 (prescription does not preclude conviction for intent to distribute within school zone)
Lambert v. State, 325 Ga. App. 603 (prior inconsistent written statements admissible as substantive evidence)
McGuire v. Witcher, 201 Ga. App. 685 (criminal outcomes do not bar administrative/disciplinary proceedings)
Safford Unified Sch. Dist. No. 1 v. Redding, 557 U.S. 364 (deference to school administrators on policies to keep drugs out of schools)