Suspended in South Dakota: the eleventh-day hearing, bullying reports, and school until 18

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A 16-year-old in Rapid City is sent home after a fight near the lockers. The principal says the suspension may be long. What happens next depends on one number in South Dakota law: the eleventh school day. Once a suspension or expulsion reaches that day, the family can ask the school board for a hearing. This article covers that rule, the state's bullying law, and who to call in Pierre if the district does not listen.

Suspension, expulsion, and the right to a hearing

Under state law, a school board may suspend or expel a student for breaking school rules, for insubordination (refusing to follow a direct instruction from staff), or for misconduct. A principal or superintendent may suspend a student for a short time. When a student is suspended or expelled, the school must tell the parent or guardian about the student's due process rights (the right to fair steps before a serious punishment).

If the suspension or expulsion goes into the eleventh school day, the school board must hold a due process hearing if the family asks for one. Ask for it in writing. You are allowed to.

The law also sets some limits. An expulsion for having or drinking alcohol cannot last more than 90 school days. An expulsion for bringing a gun to school on purpose must be at least 12 months, though the superintendent can change that on a case-by-case basis. A district may offer an expelled student classes in an alternative setting.

The federal floor: Goss v. Lopez

Even a short suspension has rules. In Goss v. Lopez (1975), the U.S. Supreme Court decided that before a suspension of 10 days or less, a public school must tell the student what they are accused of and, if the student denies it, explain the evidence and let the student tell their side. South Dakota's eleventh-day hearing is an extra step on top of that.

Bullying and attendance under state law

South Dakota's bullying law, passed in 2012, defines bullying as a pattern of repeated conduct that causes physical hurt or psychological distress to one or more students. It includes threats, stalking, and threatening use of computers or data. Every district must have a written policy. That policy must let anyone report bullying anonymously, though a school cannot discipline a student based only on an anonymous report. It must also promise a prompt investigation, including for bullying on a school bus, at a bus stop, or at a school event.

School is required from age 6 (counted on September 1) until a student turns 18, graduates, or is excused under state law (SDCL 13-27-1). Kindergarten is required before age 7.

What to do and who to call

重要

Start with your district. Ask for the written discipline policy and the bullying policy; both are public. If a suspension is heading past 10 school days, send the district a short written request for a due process hearing and keep a copy.

If the problem is not solved locally, contact the South Dakota Department of Education, 800 Governors Dr., Pierre, at (605) 773-3134. If your child has an IEP or a disability, the department's Special Education Programs office (605-773-3678) takes state complaints and publishes a sample complaint form on its website.

请记住

If a South Dakota suspension or expulsion reaches the eleventh school day, the family can ask the school board for a due process hearing.
Under Goss v. Lopez (1975), even a short suspension requires notice of the charge and a chance to tell your side.
Every district must have a bullying policy that allows anonymous reports and covers buses, bus stops, and school events.
School is required until 18 or graduation; the state Department of Education is at (605) 773-3134.

资料来源

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