13-32-4.2. Procedure for suspension--Appeal--Hearing.
The school board in any district may authorize the summary suspension of pupils by principals of schools for not more than ten school days and by the superintendent of schools for not more than ninety school days. In case of a suspension by the superintendent for more than ten school days, the pupil or his parents or others having his custodial care may appeal the decision of the superintendent to the board of education. Any suspension by a principal shall be immediately reported to the superintendent who may revoke the suspension at any time. In event of an appeal to the board, the superintendent shall promptly transmit to the board a full report in writing of the facts relating to the suspension, the action taken by him and the reasons for such action; and the board, upon request, shall grant a hearing to the appealing party. No pupil may be suspended unless:
(1)The pupil is given oral or written notice of the charges against him;
(2)The pupil is given an oral or written explanation of the facts that form the basis of the proposed suspension; and
(3)The pupil is given an opportunity to present his version of the incident.
In the event of a suspension for more than ten school days, if the pupil gives notice that he wishes to appeal the suspension to the board, the suspension shall be stayed until the board renders its decision, unless in the judgment of the superintendent of schools, the pupil's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, in which case the pupil may be immediately removed from school, and the notice and hearing shall follow as soon as practicable.
Source: SL 1993, ch 141, ยง2.
Structure South Dakota Codified Laws
Chapter 32 - Supervision Of Students And Conduct Of School
Section 13-32-1 - Disciplinary authority over students on school premises.
Section 13-32-3 - Reference for psychiatric treatment prohibited without parents' consent.
Section 13-32-4.2 - Procedure for suspension--Appeal--Hearing.
Section 13-32-4.3 - Effect of student's suspension or expulsion on enrollment.
Section 13-32-4.4 - Early reinstatement of expelled student.
Section 13-32-4.5 - Conditions for early reinstatement.
Section 13-32-4.7 - Due process procedures--Promulgation of early reinstatement rules.
Section 13-32-5 - Injury to school property as ground for suspension or expulsion.
Section 13-32-6 - Disturbance of school as misdemeanor.
Section 13-32-8 - School safety patrols--Insurance coverage.
Section 13-32-9.1 - Consequences imposed by local school districts.
Section 13-32-9.2 - Reduced suspensions--Minimum requirements--Commencement of suspension.
Section 13-32-10 - Definition of terms regarding self-administration of medication.
Section 13-32-11 - Student self-administration of prescription asthma and anaphylaxis medication.
Section 13-32-12 - Disciplinary action regarding self-administration of medication.
Section 13-32-13 - Applicability of provisions regarding self-administration of medication.
Section 13-32-14 - Adoption of bullying policy.
Section 13-32-15 - Bullying defined.
Section 13-32-16 - Bullying policy requirements.
Section 13-32-17 - Action for damages from bullying--Immunity for reporting.
Section 13-32-18 - Incidents involving electronic devices .
Section 13-32-19 - Model bullying policy.
Section 13-32-20 - Policy for school district employees on use of restraint and seclusion.