South Dakota - Disciplinary Due Process: Program Requirement

Program Requirement
Policy Type: 

State law establishes minimal assurances of due process for students facing disciplinary action.

South Dakota Codified Laws 13-32-4 School board to assist in discipline

However, the superintendent or chief administering officer of each local school district or system may increase or decrease the length of a firearm-related expulsion on a case-by-case basis. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26 to establish administrative due process procedures for the protection of a student’s rights. The administrative due process procedures shall include a requirement that the school give notice of a student’s due process rights to the parent or guardian of the student at the time of suspension or expulsion. Each school district board shall provide a procedural due process hearing, if requested, for a student in accordance with such rules if the suspension or expulsion of the student extends into the eleventh school day.
This section does not preclude other forms of discipline which may include suspension or expulsion from a class or activity.
This section does not prohibit a local school district from providing educational services to an expelled student in an alternative setting.

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