CHAPTER 24:07:04
EXPULSION PROCEDURE
Section
24:07:04:01 Written report required.
24:07:04:02 Notice of hearing.
24:07:04:03 Right of waiver.
24:07:04:04 Hearing procedure.
24:07:04:05 Right of appeal.
24:07:04:06 Attendance policies.
24:07:04:07 Referral to placement committee of students in need of special education or special education and related services.
24:07:04:01. Written report required. If expulsion is anticipated because of a student's violation of a rule or policy or for insubordination or misconduct, the superintendent must file a sealed written report with the school board no later than the end of the fifth school day following the first day of the student's removal from one or more classes or from school and schedule a hearing before the school board. The report must include the facts of the situation, the action, the reasons for the action and the superintendent's recommendation. The report must remain in the possession of the school board secretary sealed and unavailable for review by individual school board members, until the time set for a hearing.
At the same time that the report is filed with the school board's secretary, the superintendent must send a copy of the report to the student's parent or to the student if the student is 18 years of age or older or is an emancipated minor.
Source: 23 SDR 179, effective April 29, 1997.
General Authority: SDCL 13-32-4.
Law Implemented: SDCL 13-32-4, 13-32-4.2.
24:07:04:02. Notice of hearing. If the superintendent finds grounds for expulsion from one or more classes or from school, the superintendent may exclude the student immediately by using the short-term suspension procedure in § 24:07:02:01. The superintendent shall give a written notice to one or both of the student's parents or to a student who is 18 years of age or older or an emancipated minor. The notice must contain the following information at a minimum:
(1) The rule, regulation, or policy allegedly violated;
(2) The reason for the disciplinary proceedings;
(3) Notice of the right to request a hearing;
(4) A description of the hearing procedure;
(5) A statement that the student's records are available at the school for examination by the student's parent or parents or another authorized representative;
(6) A statement that the student may present witnesses; and
(7) A statement that the student may be represented by an attorney.
The superintendent shall set the date, time, and place for the school board hearing. The superintendent shall send notice of the hearing to each school board member by first class mail and to the student's parent or to a student who is 18 years of age or older or an emancipated minor by certified mail, return receipt requested. If the superintendent recommends expulsion, the school board must act on the recommendation before it is implemented.
Source: 23 SDR 179, effective April 29, 1997.
General Authority: SDCL 13-32-4.
Law Implemented: SDCL 13-32-4, 13-32-4.2.
24:07:04:03. Right of waiver. The student, if of the age of majority or emancipated, or the student's parent may waive the right to a hearing in writing to the superintendent. If the hearing is not waived, the hearing shall be held on the date and at the time and place set in the hearing notice unless a different date, time, and place are agreed to by the parties. If the hearing is waived in writing, the school board may consider the matter at a regular or special meeting without further notice to the student or the student's parents.
Source: 23 SDR 179, effective April 29, 1997.
General Authority: SDCL 13-1-12.1.
24:07:04:04. Hearing procedure. The school board is the hearing board and shall conduct the hearing in the following manner:
(1) The school board shall appoint a school board member or a person who is not an employee of the school district as the hearing officer;
(2) Each party may make an opening statement;
(3) Each party may introduce evidence, present witnesses, and examine and cross-examine witnesses;
(4) Each party may be represented by an attorney;
(5) The school administration shall present its case first;
(6) The hearing is closed to the public. The school board shall make a verbatim record of the hearing by means of an electronic or mechanical device or by court reporter. This record and any exhibits must be sealed and must remain with the hearing officer until the appeal process has been completed;
(7) Witnesses may be present only when testifying. All witnesses must take an oath or affirmation administered by the school board president, hearing officer or other person authorized by law to take oaths and affirmations;
(8) Each party may raise any legal objection to evidence;
(9) The hearing officer shall admit all relevant evidence; however, the hearing officer may limit unproductive or repetitious evidence;
(10) The hearing officer may ask questions of witnesses and may allow other school board members to interrogate witnesses;
(11) Each party may make a statement;
(12) After the hearing, the school board shall continue to meet in executive session for deliberation. No one other than the hearing officer may meet with the school board during deliberation. The school board may seek advice during deliberation from an attorney who has not represented any of the parties to the hearing. Consultation with any other person during deliberation may occur only if a representative of the student is present; and
(13) The decision of the school board must be based solely on the evidence presented at the hearing and must be formalized by a motion made in open meeting. The motion shall omit the name of the student and shall state the reason for the board's action. The school board shall notify the student's parent or parents or a student who is 18 years of age or older or who is an emancipated minor in writing of the decision. The notice shall state the length of the expulsion.
Source: 23 SDR 179, effective April 29, 1997.
General Authority: SDCL 13-1-12.1.
24:07:04:05. Right of appeal. The student may appeal an adverse decision by the school board to the circuit court.
Source: 23 SDR 179, effective April 29, 1997.
General Authority: SDCL 13-1-12.1.
24:07:04:06. Attendance policies. The attendance policy of a school district may not exclude a student from one or more classes or from a school for more than ten consecutive school days without providing the due process procedures in this chapter or chapter 24:07:03.
Source: 23 SDR 179, effective April 29, 1997.
General Authority: SDCL 13-1-12.1.
24:07:04:07. Referral to placement committee of students in need of special education or special education and related services. If a student identified as in need of special education or special education and related services pursuant to SDCL 13-37-1 is the subject of proposed expulsion, the procedure in § 24:06:26.01:08 applies.
Source: 23 SDR 179, effective April 29, 1997.
General Authority: SDCL 13-32-4, 13-37-1.1.
Law Implemented: SDCL 13-32-4, 13-32-4.2.
