S.D. Admin. R. 24:07:03:02

Current through Register Vol. 51, page 57, November 12, 2024

Section 24:07:03:02 - Right to request hearing - Notice of hearing

If the superintendent finds grounds for a long-term suspension from a class or classes, the superintendent may exclude the pupil from a class or classes by using the short-term suspension procedure in § 24:07:02:01. The superintendent shall give a written notice to the pupil's parent or to a pupil who is 18 years of age or older or an emancipated minor and may schedule a hearing. The notice shall contain the following minimum information:

(1) The policy allegedly violated;

(2) The reason for the disciplinary proceedings;

(3) Notice of the right to request a hearing or waive the right to a hearing.

(4) A description of the hearing procedure;

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

(6) A statement that the pupil may present witnesses.

If a hearing is requested, the superintendent shall give notice to each school board member of an appeal to the board for a hearing. The superintendent shall set the date, time, and place for the hearing and send notice by first class mail to each school board member and by certified mail, return receipt requested, to the pupil's parent or to a pupil who is 18 years of age or older or an emancipated minor.

If no hearing is requested or the hearing is waived, the action of the superintendent is final.

S.D. Admin. R. 24:07:03:02

1 SDR 24, effective 9/5/1974; 8 SDR 15, effective 8/19/1981; 11 SDR 96, 11 SDR 112, effective 7/1/1985; 20 SDR 223, effective 7/7/1994; 23 SDR 63, effective 11/4/1996.

General Authority: SDCL 13-32-4.

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