Administrative Rule 24:07:03 | South Dakota Legislature

24:07:03:01. Written report required. The superintendent must file a sealed, written report with the school board by the end of the fifth school day following the first day of the long-term suspension and may request that a hearing be held before the school board. The report must include the facts of the situation, the action taken, the reasons for the action, and the superintendent's decision or recommendation. The report must remain in the possession of the school board secretary or business manager, sealed and unavailable for review by individual school board members, until the time set for a hearing. The superintendent must send a copy of the report to the pupil's parent or to the pupil if the pupil is 18 years of age or older or an emancipated minor at the same time the report is filed with the school board's secretary or business manager.

Source: 1 SDR 24, effective September 5, 1974; 8 SDR 15, effective August 19, 1981; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 20 SDR 223, effective July 7, 1994; 23 SDR 63, effective November 4, 1996.

General Authority: SDCL 13-32-4.

Law Implemented: SDCL 13-32-4, 13-32-4.2.

Rule 24:07:03:02 Right to request hearing -- Notice of hearing.

24:07:03:02. Right to request hearing -- Notice of hearing. If the superintendent finds grounds for a long-term suspension from a class or classes, the superintendent may exclude the pupil from a class or classes by using the short-term suspension procedure in §24:07:02:01. The superintendent shall give a written notice to the pupil's parent or to a pupil who is 18 years of age or older or an emancipated minor and may schedule a hearing. The notice shall contain the following minimum information:

(1) The policy allegedly violated;

(2) The reason for the disciplinary proceedings;

(3) Notice of the right to request a hearing or waive the right to a hearing.

(4) A description of the hearing procedure;

(5) A statement that the pupil's records are available at the school for examination by the pupil's parent or authorized representative; and

(6) A statement that the pupil may present witnesses.

If a hearing is requested, the superintendent shall give notice to each school board member of an appeal to the board for a hearing. The superintendent shall set the date, time, and place for the hearing and send notice by first class mail to each school board member and by certified mail, return receipt requested, to the pupil's parent or to a pupil who is 18 years of age or older or an emancipated minor.

If no hearing is requested or the hearing is waived, the action of the superintendent is final.

General Authority: SDCL 13-32-4.

Law Implemented: SDCL 13-32-4, 13-32-4.2.

Rule 24:07:03:03 Right of waiver.

24:07:03:03. Right of waiver. The pupil, if of the age of majority or emancipated, or the pupil'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, time, and place set in the notice unless a different date, time, and place are agreed to by the parties.

Source: 1 SDR 24, effective September 5, 1974; 8 SDR 15, effective August 19, 1981; 11 SDR 96, 11 SDR 112, effective July 1, 1985.

General Authority: SDCL 13-32-4.

Law Implemented: SDCL 13-32-4.

Rule 24:07:03:04 Hearing procedure.

24:07:03:04. 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. A verbatim record of the hearing will be made and will be sealed pending court order;

(7) Witnesses may be present only when testifying. All witnesses must take an oath or affirmation administered by the school board president or business manager;

(8) Each party may raise objections; however, objections are limited to relevancy and scope of the question;

(9) All relevant evidence must be admitted; however, unproductive or repetitious evidence may be limited by the hearing officer;

(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 closing 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. Consultation with any other person during deliberation may occur only if a representative of the pupil 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 must omit the name of the pupil and must state the reason for the board's action. The school board shall notify the pupil or the pupil's parents in writing of the decision. The notice must state the length of the suspension or expulsion.

Source: 1 SDR 24, effective September 5, 1974; 8 SDR 15, effective August 19, 1981; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 20 SDR 223, effective July 7, 1994.

General Authority: SDCL 13-32-4.

Law Implemented: SDCL 13-32-4, 13-32-4.2.

Rule 24:07:03:05 Repealed.

24:07:03:05. Decision must be based on evidence.Repealed.

Source: 1 SDR 24, effective September 5, 1974; 8 SDR 15, repealed August 19, 1981.

Rule 24:07:03:06 Right of appeal.

24:07:03:06. Right of appeal. The student may appeal an adverse decision by the school board to the circuit court.

Source: 1 SDR 24, effective September 5, 1974; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 20 SDR 223, effective July 7, 1994.

General Authority: SDCL 13-32-4.

Law Implemented: SDCL 13-32-4, 13-32-4.2.

Rule 24:07:03:07 Attendance policies.

24:07:03:07. Attendance policies. The attendance policy of a school district may not exclude a pupil from a class or from school for more than ten days without providing due process procedures pursuant to this chapter.

Source: 8 SDR 15, effective August 19, 1981; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 20 SDR 223, effective July 7, 1994.

General Authority: SDCL 13-32-4.

Law Implemented: SDCL 13-32-4, 13-32-4.1, 13-32-4.2.

Rule 24:07:03:08 Referral to placement committee of pupils in need of special education.

24:07:03:08. Referral to placement committee of pupils in need of special education. If a pupil identified as in need of special education or special education and related services pursuant to SDCL 13-37-1 is expelled or subjected to long-term suspension, the procedure in § 24:05:26:09 applies.

Source: 8 SDR 15, effective August 19, 1981; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 20 SDR 223, effective July 7, 1994; 23 SDR 63, effective November 4, 1996.

General Authority: SDCL 13-32-4.

Law Implemented: SDCL 13-32-4, 13-32-4.2.

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