S.D. Admin. R. 24:07:04:02

Current through Register Vol. 51, page 67, December 16, 2024

Section 24:07:04:02 - Notice of hearing

If the superintendent finds grounds for expulsion from one or more classes or from school, the superintendent may exclude the student immediately by using the short-term suspension procedure in § 24:07:02:01. The superintendent shall give a written notice to one or both of the student's parents or to a student who is 18 years of age or older or an emancipated minor. The notice must contain the following information at a minimum:

(1) The rule, regulation, or policy allegedly violated;

(2) The reason for the disciplinary proceedings;

(3) Notice of the right to request a hearing;

(4) A description of the hearing procedure;

(5) A statement that the student's records are available at the school for examination by the student's parent or parents or another authorized representative;

(6) A statement that the student may present witnesses; and

(7) A statement that the student may be represented by an attorney.

The superintendent shall set the date, time, and place for the school board hearing. The superintendent shall send notice of the hearing to each school board member by first class mail and to the student's parent or to a student who is 18 years of age or older or an emancipated minor by certified mail, return receipt requested. If the superintendent recommends expulsion, the school board must act on the recommendation before it is implemented.

S.D. Admin. R. 24:07:04:02

23 SDR 179, effective 4/29/1997.

General Authority: SDCL 13-32-4.

Law Implemented: SDCL 13-32-4, 13-32-4.2.