“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 5 th school day following the first day of the student’s removal

EXPULSION ■ Report must include: ■ Facts of Situation ■ Facts of Situation ■ Action ■ Action ■ Reasons for Action ■ Reasons for Action ■ Superintendent's Recommendation ■ 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) ■ 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 ■ Rule, regulation, or policy allegedly violated ■ Reason for disciplinary proceedings ■ Reason for disciplinary proceedings ■ Notice of the right to request a hearing ■ Notice of the right to request a hearing ■ Description of the hearing procedure ■ Description of the hearing procedure ■ Student’s records are available for review ■ Student’s records are available for review ■ Student may present witnesses ■ Student may present witnesses ■ Student may be represented by an attorney ■ Student may be represented by an attorney ■ Hearing date, time, and place ■ Hearing date, time, and place ■ Notice sent to all School Board members by first class mail ■ Notice sent to all School Board members by first class mail ■ Notice sent to student’s parent or student (if over age 18) by ■ Notice sent to student’s parent or student (if over age 18) by certified mail, return receipt requested 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 ■ Opening Statement ■ Introduction of evidence, present witnesses ■ Introduction of evidence, present witnesses ■ Representation by an attorney ■ Representation by an attorney ■ Hearing is closed to the public ■ Hearing is closed to the public ■ Verbatim record must be made ■ Verbatim record must be made ■ Exhibits and record must be sealed and remain with ■ Exhibits and record must be sealed and remain with hearing officer until appeal process is complete 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 5 th school day following the first day of the long-term suspension.

LONG-TERM SUSPENSION ■ Report must include: ■ Facts of the situation ■ Facts of the situation ■ Action taken ■ Action taken ■ Reasons for the action ■ Reasons for the action ■ Superintendent's decision/recommendation ■ 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 ■ Policy violated ■ Reasons for the disciplinary proceedings ■ Reasons for the disciplinary proceedings ■ Notice of the right to request a hearing or ■ Notice of the right to request a hearing or waive the right to a hearing waive the right to a hearing ■ Description of the hearing procedure ■ Description of the hearing procedure ■ Student’s records are available ■ Student’s records are available ■ Student can have witnesses present ■ 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