|Policies and Regulations||NEPN Code: JK-R|
Suspension discipline, Suspension and Expulsion
Rules of Student Conduct and Discipline
Students attending our schools are required to conduct themselves with respect for self and others through their actions, their language, and their dress. Student behavior will reflect favorably on the individual and on the school, will show consideration for others, and will create a harmonious learning atmosphere. Students must recognize their individual responsibilities and obligations and discharge them in accordance with school regulations. When a school employee acts to assist a student in proper conduct, the emphasis shall be toward student growth in self-discipline.
”Suspension and Expulsion” shall mean denial of the right to participate in any instructional and/or school activity for a period of time as described below:
“Short-term suspension” shall mean temporary denial to a student by a principal or the Superintendent of participation in a class, classes or from school for not more than ten (10) days. The term of a short-term suspension may be served either in school (in-school suspension) or out-of-school (out-of-school suspension).
“Long-term suspension” shall mean temporary denial to a student by the Superintendent or Board of participation in a class, classes or from school for more than ten (10) school days but not for more than ninety (90) school days.
“Expulsion” shall mean denial by the Board of a student's participation in school for a period of time not more than twelve (12) consecutive months. Expulsion may extend beyond the end of the school year.
Applying The District-Wide Rules
Grounds for Short-Term Suspension
The following are examples of conduct that could result in a short-term suspension:
A student may be excluded from class or classes by using the short-term suspension for any conduct listed under Long-term Suspension or Expulsion or while a long-term suspension or expulsion recommendation is pending. Time spent in short-term suspension shall count toward any time imposed under long-term suspension for the same conduct.
Procedure for Short-Term Suspension
Short-term suspension shall be made only after the principal has made an investigation of the alleged conduct or violation and has determined that such suspension is necessary to further school purposes or to prevent an interference with school purposes.
The principal shall inform a student either orally or in writing as soon as possible after discovery of the alleged conduct. The student shall be informed, orally and/or in writing, of the rule, regulation, or policy that has been allegedly violated. The student will be given an opportunity to answer the charges and present evidence in his/her behalf.
Upon suspending a student, the principal shall provide the parents/guardian or to the student if the student is 18 years of age or older or an emancipated minor with oral and/or written notice which shall include information regarding the student’s due process rights and informing them of the facts supporting the action and the describing the action taken.
A student who is an unemancipated minor may not be removed from the school premises before the end of the school day without contacting a parent/guardian unless the student’s presence poses a continuing threat or danger, in which case the student may be immediately removed from school and transferred into the custody of a parent/guardian or law enforcement.
The principal shall make a reasonable effort to hold a conference with the parents/guardian before or at the time the student returns to school from a short-term suspension.
Grounds for Long-Term Suspension or Expulsion
In addition to the examples of conduct listed for short-term suspensions, the following examples of conduct which constitutes grounds for long-term suspension:
All long-term suspensions or expulsions are to be served out-of-school. Under certain circumstances, out-of-school suspensions may be served at an out-of-school alternative program. See Policy JH/JH-R – Student Absences and Excuses for the classification of absences for each term of suspension or expulsion.
Procedure for Long-Term Suspension or Expulsion
The Superintendent may long-term suspend a student for up to ninety (90) school days. If a long-term suspension is recommended because of a student’s conduct, the principal must file a written report with the Superintendent by the end of the school day following conclusion of the building’s investigation of the alleged violation. A student may be excluded from class or classes by using short-term suspension while the long-term suspension is pending.
When a long-term suspension is imposed, the Superintendent must file a sealed written report with the Board by the end of the fifth school day following the first day of the longterm suspension. 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 sealed and unavailable for review by individual Board members until the time set for a hearing or the time to request a hearing has expired.
At the same time the report is sealed, the Superintendent must send a copy of the report and notice to the student’s parent/guardian or to the student if the student is 18 years of age or older or an emancipated minor. The notice shall contain the following minimum information:
Appeal: If a parent/guardian or student, if of the age of majority or an emancipated minor, chooses to appeal the long-term suspension, a written request for a hearing must be filed with the Superintendent within five (5) days of receipt of the report of the Superintendent.
Failure to submit a written request constitutes a waiver of the right to request a hearing and the action of the Superintendent shall be final.
Hearing: If a timely written request for a hearing is received, the Superintendent shall give notice to each Board member of the appeal and request for a hearing. The Superintendent shall set the date, time, and place for the hearing and send notice by first class mail to each Board member and by certified mail, return receipt requested, to the student’s parent/guardian or to a student who is 18 years of age or older or an emancipated minor.
If a hearing is requested, the long-term suspension shall be stayed until the Board renders its decision, unless in the judgment of the Superintendent, the student’s presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process. In such case, the student may be immediately removed from school, and the notice and hearing shall follow as soon as practicable.
After a hearing has been scheduled, the student, if of the age of majority or emancipated, or the student’s parent/guardian may waive the right to a hearing by submitting a written statement waiving this right to the Superintendent at any time prior to the date and time set for the hearing.
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. If no hearing is requested or the hearing is waived, the action of the Superintendent is final.
A decision adverse to the student may be appealed to the circuit court.
Expulsion is imposed only by the Board. In situations where a student’s presence poses a continuing danger to persons or property or threatens the ongoing academic processes of the school, the student may be immediately removed from school after being notified as described under short-term and long-term suspension pending the Board’s decision regarding expulsion.
The following procedures are required to impose expulsion:
At the same time that the report is sealed, the Superintendent must send a copy of the report and notice of hearing to the student’s parent/guardian or to the student if the student is 18 years of age or an emancipated minor. The notice shall contain the following information:
The written notice to the student’s parent/guardian or to the student if the student is 18 years of age or an emancipated minor shall be sent by certified mail, return receipt requested, and shall also include a copy of the Board policy and rules on suspension and expulsion. The written notice of hearing shall be sent to each Board member by first class mail.
If the hearing is not waived, the hearing shall be held on the date, time and place set forth in the notice unless a different date, time and place is agreed to by the parties.
If the hearing is waived in writing the Board may consider the matter at a regular or special meeting without further notice to the student or the student’s parents/guardian.
Hearing Procedure for Long-Term Suspension or Expulsion
If a 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.
Long-term suspension: If the student, his/her parent/guardian, or representative fail to appear at the time and place set for the hearing, the action of the Superintendent is final.
Expulsion: If the student, student’s parent/guardian, or representative do not waive their right to a hearing or request postponement for good and sufficient cause, and are not present at the time and place scheduled in the hearing notice, the hearing shall proceed without them.
The period of expulsion may extend beyond the semester in which the conduct occurred. Any expulsion for consumption of beer or alcoholic beverages may not extend beyond ninety school days. If the student is expelled for a firearm violation, the expulsion may not be for less than twelve months; however, the Superintendent may increase or decrease a firearm-related expulsion on a case-by-case basis.
The Board may grant a student early reinstatement from an expulsion based upon one or more specific conditions the student must meet. The conditions shall be related to the reason for the expulsion. Notice of any early reinstatement conditions must be given to the student’s parent/guardian or to the student if the student is 18 years of age or an emancipated minor. If the Superintendent determines that the student has met the early reinstatement conditions, the Superintendent may grant the early reinstatement. If the student violates an early reinstatement condition after being reinstated but before the end of the expulsion period, the Superintendent may revoke the early reinstatement and provide written notice of the revocation to the student’s parent/guardian or to the student if the student is 18 years of age or an emancipated minor. If revoked, the expulsion shall continue until the end of the original period of expulsion unless the expulsion is firearm related and the expulsion for the firearm was modified by the Superintendent.
Students with Disabilities or Substantially Limiting Health Conditions
Individuals with Disabilities Education Improvement Act (IDEIA)
In addition to the rights and procedures described above, students with disabilities receiving services under the IDEIA, have additional rights and are entitled to additional procedures whenever the student receives a suspensions which exceed ten consecutive school days in any one year or there has been a series of removals that constitute a pattern of behavior that exceed 10 cumulative days in the school year. Those rights and procedures are outlined in the Administrative Rules of South Dakota and the IDEIA and are can be found in the District Comprehensive Plan for Special Education which can be accessed on the Sioux Falls School District website.
Section 504 of the Rehabilitation Act of 1973 (Section 504)
In addition to the rights and procedures described above, students with substantially limiting health condition under Section 504 have additional rights and are entitled to additional procedures whenever the student receives a suspensions which exceed ten consecutive school days in any one year or there has been a series of removals that constitute a pattern of behavior that exceed 10 cumulative days in the school year. No student who is eligible for services under Section 504 shall be suspended beyond ten (10) cumulative days per school year, except through the following procedures.
SDCL Ch. 13-32 Supervision and Conduct of Schools
SDCL Ch. 13-37 Special Assistance and Related Services
ARSD 24:07 Student Due Process
ARSD 24:05:06 Special Education Discipline
Individuals With Disabilities Education Act (IDEA)
Section 504 of the Rehabilitation Act
AC/AC-R - Equal Opportunity/Nondiscrimination
EE/EE-R - Transportation Services
IJNDC/IJNDC-R - Acceptable and Ethical Use of Technology Resources
JFCE - Student Bullying
JH - Student Absences and Excuses
JIAA/JIAA-R - Harassment
JICFA/JICFA-R - Hazing
JJAA/JJAA-R - School Activity Rules
JICG - Tobacco
JLCD/JLCD-R - Medication Administration
KED/KED-R - Public Concerns/Complaints about Educational Programs for Students with Disabilities or Students with Substantially Limited Health Conditions
|Regulation||Board Action||(formerly 5131.1 and 5131.2)|