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“Student Due Process”
School Administrators of South Dakota
April 7, 2015
EXPULSION
■ Action of the School Board that terminates a student’s membership in school for not more than 12 months.
■ Attendance policy may not exclude a student for more than 10 consecutive school days without providing due process procedures.
EXPULSION
■ Sealed written report
■ Filed no later than the end of the 5th school day following the first day of the student’s removal
EXPULSION
■ Report must include: ■ Facts of Situation ■ Action ■ Reasons for Action ■ Superintendent's
Recommendation
EXPULSION
■ School Board Secretary must keep report sealed■ Report is unavailable for review by individual School Board members until hearing
■ Superintendent must send a copy of report to student’s parents or student (if over the age of 18)
EXPULSION■ Written notice must contain:
■ Rule, regulation, or policy allegedly violated ■ Reason for disciplinary proceedings ■ Notice of the right to request a hearing ■ Description of the hearing procedure ■ Student’s records are available for review ■ Student may present witnesses ■ Student may be represented by an attorney ■ Hearing date, time, and place ■ Notice sent to all School Board members by first class mail ■ Notice sent to student’s parent or student (if over age 18) by
certified mail, return receipt requested
EXPULSION
■ Student’s parents or student may waive the hearing in writing.
■ If waived, School Board may consider the matter at a regular or special meeting without further notice to the student or the student's parents.
EXPULSION■ School Board is the hearing board ■ Hearing shall be conducted as follows:
■ Opening Statement ■ Introduction of evidence, present witnesses ■ Representation by an attorney ■ Hearing is closed to the public ■ Verbatim record must be made ■ Exhibits and record must be sealed and remain with hearing officer until appeal process is complete
EXPULSION
■ Witnesses are present only when testifying
■ Parties may raise legal objections to evidence
■ Hearing Officer/School Board Members may ask questions of witnesses
■ Closing Statement
EXPULSION■ School Board meets in executive session ■ School Board may seek advice during
deliberation from an attorney who hasn’t represented any of the parties to the hearing
■ Decision must be based on the evidence presented at the hearing
■ Must formalize a decision by a motion in open meeting
■ School Board must notify the parent or student (if over age of 18) in writing
EXPULSION
■ Student may appeal an adverse decision by the School Board to the Circuit Court
LONG-TERM SUSPENSION
■ Exclusion of a student by the Superintendent or School Board from a class or classes for more than 10 days but not more than 90 days
■ Attendance policy may not exclude a student from a class or school for more than 10 days without providing due process procedures
LONG-TERM SUSPENSION
■ Superintendent must file a sealed, written report with the school board by the end of the 5th school day following the first day of the long-term suspension.
LONG-TERM SUSPENSION
■ Report must include: ■ Facts of the situation ■ Action taken ■ Reasons for the action ■ Superintendent's decision/recommendation
LONG-TERM SUSPENSION
■ Report must be sealed and unavailable for review by individual school board members until hearing.
■ Superintendent must send a copy of the report to the student’s parent or to the student (if over age 18).
LONG-TERM SUSPENSION■ Notice must contain:
■ Policy violated ■ Reasons for the disciplinary proceedings ■ Notice of the right to request a hearing or
waive the right to a hearing ■ Description of the hearing procedure ■ Student’s records are available ■ Student can have witnesses present
LONG-TERM SUSPENSION■ Superintendent shall set the date,
time and place for the hearing ■ Notice sent by first class mail to the
School Board members■ Notice sent by certified mail, return
receipt requested, to the student’s parents or the student (if over age 18)
■ If no hearing requested or if hearing is waived, Superintendent's action is final
LONG-TERM SUSPENSION■ School Board shall conduct the
hearing as follows: ■ Opening statement■ Introduction of evidence, present witnesses■ Representation by an attorney ■ Hearing is closed to the public
LONG-TERM SUSPENSION
■ Verbatim record of the hearing will be made
■ Witnesses only present during testimony ■ May raise objections limited to relevancy
and scope of the question ■ Evidence must be admitted■ Hearing Officer/School Board members
may ask questions of the witnesses■ Closing statement
LONG-TERM SUSPENSION■ School Board meets in executive
session ■ Hearing Officer may meet with the
School Board■ Decision based on evidence
presented ■ Decision formalized by motion made
in open meeting■ Decision must in writing to the
student■ Decision must state length of
suspension
LONG-TERM SUSPENSION
■ Student may appeal an adverse decision by the School Board to the Circuit Court
SHORT-TERM SUSPENSION
■ Exclusion of a student by a Principal or Superintendent from a class or from school for not more than 10 days
SHORT-TERM SUSPENSION
■ Oral or written notice to the student as soon as possible after discovery of the alleged violation
■ Notice shall include the facts that form the basis for the suspension
SHORT-TERM SUSPENSION
■ Student given the opportunity to answer the charges
■ Give the parent oral notice■ Send the parent or student (if over
age of 18) written notice which provides information regarding due process rights
SHORT-TERM SUSPENSION■ Student may not be removed from
the school before the end of the school day without contacting a parent unless the student’s presents a continuing threat or danger
■ If presents a danger, student may be immediately removed from the school
“Student Due Process”
School Administrators of South Dakota
April 7, 2015
