“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