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A 15-year-old at a high school in Grand Forks is sent home after a hallway fight. The principal says he is suspended. How long can that last, and what does he get to say first? In North Dakota, the answers come from the North Dakota Century Code (the state's collection of laws), chapter 15.1-19, and from a U.S. Supreme Court case that applies in every state.
Who has to be in school, and the limits on suspension
North Dakota requires school attendance for children between the ages of 7 and 16. If a family enrolls a 6-year-old in public school, the child has to attend for that school year, with one chance to withdraw.
A suspension (being kept out of school for a short time) can last up to 10 days in North Dakota. The law lists the reasons: insubordination (refusing to follow school rules), habitual indolence (repeatedly not doing the work), disorderly conduct, or breaking the district's weapons policy. A student in a state-funded alternative education program can be suspended for up to 20 days.
Before any suspension, federal law adds a step. In Goss v. Lopez (1975), the U.S. Supreme Court ruled that a student facing a suspension of 10 days or less must be told what he is accused of and, if he denies it, hear the evidence and get a chance to tell his side. Usually that talk happens before he is sent home. Tell your side calmly. You are allowed to.
Expulsion comes with a hearing
An expulsion (removal for a long period) can last up to 12 months in North Dakota. Every district's rules must give the student a due process hearing (a formal meeting where each side presents its case) before the decision to expel. A parent or a representative must be allowed to take part.
The district has to weigh how serious the act was, the student's age, and the student's discipline history. If the student meets the district's conditions for coming back, the district may shorten the expulsion.
Bringing a firearm is handled differently. State law requires an expulsion of at least one year, though the superintendent can change it case by case. The hearing must happen within 10 days of the suspension. If a hearing officer orders the expulsion, the student can ask the school board to review it.
Bullying, student reporters, and graduation regalia
Every North Dakota district must have a bullying policy. It has to include a way to report anonymously, steps and timelines for investigating, a plan to protect the student who was targeted, and a rule to call police if staff reasonably suspect a crime. It also bans retaliation against the victim, a witness, or anyone who reports. Online bullying from off campus can count if it makes a student reasonably afraid of harm and seriously disrupts their schooling. A person who reports in good faith is protected from being sued over the report. The policy has to be in the student handbook.
North Dakota also protects student journalists. Students who write for school-sponsored media decide its news, opinion, and feature content, even when the school pays for it. The law does not protect material that is libelous (false and damaging to someone's reputation), obscene, an unwarranted invasion of privacy, or illegal.
One more: a school may not use a dress code to stop a student from wearing an eagle feather or eagle plume at graduation. Corporal punishment (hitting or spanking as discipline) is banned in North Dakota public schools.
Where to take a complaint
Start with your district. Ask for its written suspension and expulsion rules and its bullying policy; state law makes each district adopt them and file its bullying policy with the state superintendent of public instruction.
If the district does not fix the problem, the North Dakota Department of Public Instruction in Bismarck has an online complaint form. It asks you to describe what happened and to name the state or federal law you think was broken, so the chapter 15.1-19 sections above are useful to cite. The department's phone number is 701-328-2260.
Lembre-se disto
- Most North Dakota suspensions are capped at 10 days, and Goss v. Lopez gives you the right to hear the charge and tell your side.
- An expulsion can last up to 12 months, and a hearing with a parent present must come first.
- Every district must accept anonymous bullying reports and must not allow retaliation against people who report.
- If the district does not act, file with the Department of Public Instruction at 701-328-2260.
Fontes
- North Dakota Legislative Branch: Century Code chapter 15.1-19, Students and safety (abre em uma nova aba)
- North Dakota Legislative Branch: Century Code chapter 15.1-20, School attendance (abre em uma nova aba)
- North Dakota Department of Public Instruction: Complaint (abre em uma nova aba)
- Legal Information Institute: Goss v. Lopez, 419 U.S. 565 (1975) (abre em uma nova aba)
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