South Dakota School Discipline Laws & Regulations: Alternative placements

Discipline Compendium

South Dakota School Discipline Laws & Regulations: Alternative placements

Category: Exclusionary Discipline: Suspension, Expulsion, and Alternative Placement
Subcategory: Alternative placements
State: South Dakota

The state or jurisdiction(s) you selected for this subcategory are shown below, followed by the laws and regulations. To add or change states, use the Back button and resubmit your search request.

To view a state profile showing school discipline laws and regulations in all subcategories for a given state, click on the state name.

LAWS

§ 13-32-4.3. Effect of student's suspension or expulsion on enrollment.

If any student is under suspension or expulsion in a school district, the student may not enroll in any school district until the suspension or expulsion has expired. The superintendent or school administrator of any school district may prohibit a student from enrolling in that school district if the student is under suspension or expulsion in a school in another state or in a nonpublic school in this state. Upon receiving a request for a student's permanent school records from the receiving district, the sending school shall provide the receiving district with written notice of any suspension or expulsion.

§ 13-32-4.4. Early reinstatement of expelled student.

If a student is expelled from school as provided in § 13-32-4, the school board may grant the student an early reinstatement allowing the student to return to school before the end of the period of expulsion.

§ 13-32-4.5. Conditions for early reinstatement.

Any early reinstatement granted by a school board pursuant to § 13-31-4.4 may include one or more specific conditions established by the school board that the expelled student must meet, either prior to the granting of the early reinstatement or after the early reinstatement is granted and before the end of the period of expulsion. Any early reinstatement conditions established by the school board for an expelled student shall pertain to the reasons why the student was expelled, and the board shall provide notice of any early reinstatement conditions to the student's parent or guardian or to the student, if the student is at least eighteen years of age or is an emancipated minor, at the time the student is expelled.

§ 13-32-4.6. Return to school upon fulfillment of conditions-Revocation of early reinstatement.

If the superintendent of a school district determines that an expelled student has met the early reinstatement conditions established pursuant to § 13-32-4.5 that the student is required to meet before the student may be granted early reinstatement, the superintendent may grant the student early reinstatement and allow the student to return to school.

If a student violates an early reinstatement condition that the student was required to meet after the student's early reinstatement, but before the end of the expulsion period, the superintendent of the school district may revoke the student's early reinstatement. Within five days after revoking an early reinstatement, the superintendent shall provide written notice of the revocation including any early reinstatement condition that was violated by the student to the student's parent or guardian or to the student, if the student is at least eighteen years of age or an emancipated minor.

If a student's early reinstatement is revoked, the student's expulsion shall continue until the end of the original period of expulsion unless the student's expulsion is firearm-related and the original period of expulsion is modified by the superintendent pursuant to § 13-32-4.

§ 13-32-4.7. Due process procedures-Promulgation of early reinstatement rules.

The administrative due process procedures established in ARSD 24:07:04 for the protection of students' rights in an expulsion procedure apply to the early reinstatement process established in §§ 13-32-4.4 to 13-32-4.7, and the South Dakota Board of Education may promulgate rules pursuant to chapter 1-26 to establish additional procedures for the early reinstatement process, including the development of early reinstatement conditions by school boards.

REGULATIONS

24:05:26.01:08. Referral to IEP team for expulsion of students.

If a student identified in need of special education or special education and related services pursuant to SDCL 13-37-1 is the subject of proposed expulsion, the superintendent shall refer the matter to the placement committee. The placement committee shall determine whether the action, behavior, or activity which resulted in the expulsion is the result of the student's disability. If the placement committee determines that the expulsion is in an action, behavior, or activity by the student arising from the student's disability, the placement committee shall immediately prepare a revised individual educational plan to provide educational services to the student. The student's expulsion terminates upon implementation of the pupil's revised individual educational plan, the student shall continue to receive services under the original individual behavior, or activity was not the result of the student's disability, expulsion procedures may be instituted following notice to one or both parents. The student shall continue to receive special education and related services during the expulsion as directed by the placement committee as part of a revised individual education plan. If the parent does not agree with an alternative placement and pursues a due process hearing, the student's placement may not change until the completion of the proceedings and the child shall continue to receive services under the original individual educational plan.

24:05:26:08.02. Authority of hearing officer.

A hearing officer under this article hears and makes a determination regarding an appeal under this chapter. In making the determination under this section, the hearing officer may:

(1) Return the student with a disability to the placement from which the student was removed if the hearing officer determines that the removal was a violation of this chapter or that the student's behavior was a manifestation of the student's disability; or

(2) Order a change of placement of the student with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of the student is substantially likely to result in injury to the student or to others.

The procedures under this section may be repeated if the school district believes that returning the student to the original placement is substantially likely to result in injury to the student or to others.

American Institutes for Research

U.S. Department of Education

The contents of the National Center on Safe Supportive Learning Environments Web site were assembled under contracts from the U.S. Department of Education, Office of Safe and Supportive Schools to the American Institutes for Research (AIR), Contract Number  91990021A0020.

This Web site is operated and maintained by AIR. The contents of this Web site do not necessarily represent the policy or views of the U.S. Department of Education nor do they imply endorsement by the U.S. Department of Education.

©2024 American Institutes for Research — Disclaimer   |   Privacy Policy   |   Accessibility Statement