As a parent, you want your child's high school experience to go smoothly. Your child might have dreams about getting into a particular college, landing a prestigious internship, going to vocational school, or another big goal after they finish high school. If they have disciplinary problems, however, it can put these dreams on hold.
Students are expected to follow their high school's rules and regulations. These rules apply in class, at extracurricular activities, and at any school-sponsored events. If your student is caught supposedly breaking the school's rules, it could lead to consequences.
Some punishments aren't so serious, like doing extra homework or serving detention. Others, like suspension or expulsion, stay on your child's school record permanently. South Dakota schools don't hesitate to use this type of exclusionary punishment for students who have alleged behavior problems. If you're wondering whether removing a student from their traditional school environment and placing them elsewhere is an effective behavior reform method—it's often not.
As a parent, you should work to prevent your student from being suspended or expelled from school and sent to an alternative education program. Some programs may have an overall positive outcome for your child, but there's no guarantee for every program. The risks of long-term negative effects on your child are too high.
We created this guide to disciplinary removals and placements in South Dakota high schools to help answer all the questions you have about disciplinary placements.
What Is an Interim Alternative Educational Setting in South Dakota?
When schools or school officials determine that students cannot receive adequate education in their current environment or that their behavior is too “disruptive” to the learning process of others, they may place that student in an interim alternative education setting (IAES). In some states, state education policy mandates the creation of such programs in each school district but in South Dakota, alternative schools are left up to local jurisdictions.
The Administrative Rules of South Dakota §24:55:01:01 only state that alternative schools are “programs outside of the traditional setting whereby students receive instruction as an extension of the regular or traditional school environment.” Since their mandate is vague, students may be sent to alternative education programs in South Dakota for a variety of reasons—but primarily for disciplinary action.
South Dakota law suggests why a student might be sent to one of these programs, including:
- A student is found with a weapon at school
- A student knowingly possesses or uses illegal drugs or sells a controlled substance
- A student inflicts serious bodily injury on another person
The format of an IAES could vary widely from one program to the next. Alternative learning could be similar to traditional high school, with students and teachers in a classroom. It might not, however. It could also be:
- Distance learning courses
- Work-study programs
- Homeschooling
- Detention-style educational programs
The only aspect South Dakota law is clear on concerning IAES is that placement in one cannot last longer than 45 school days.
Why Do Schools Send Students to Alternative Learning Programs?
Schools can use an IAES as a way to remove students they consider “problematic.” It's an exclusionary form of punishment, meaning students are taken from their normal environments with their friends and familiar teachers and placed elsewhere. Often, behaviors that triggered the expulsion or suspension are reinforced during a student's time in IAES.
Once your kid's school sends your child to an IAES, the responsibility to educate your child might fall to you. If there are no other options available to you, you may have to homeschool your student for the duration of their removal from regular school.
A final thing to note about alternative learning environments in South Dakota is that they're not as open to public scrutiny as regular schools. Since the law is so vague, they may not have to follow as many rules and regulations as other states require of their alternative learning programs.
If your student gets placed in an IAES, it can brand them as a delinquent. It could lead to unjust treatment by peers, teachers, and other school officials later on. Spending even a short period of time in IAES can prevent your child from pursuing future opportunities that would lead to their success.
What Can My Student Get Expelled for in South Dakota?
In South Dakota, local school boards are allowed to create disciplinary codes for students. Your kid's school should provide you with a code of conduct, student handbook, or similar policy at the start of each school year. This code will tell you which behaviors are prohibited by students and the consequences for misconduct.
Typical behaviors that can land students with a long-term suspension or expulsion include:
- Academic dishonesty, such as plagiarism or cheating
- Bullying or cyberbullying
- Classroom disruptions
- Misuse of school computers and networks
- Title IX offenses such as sexual assault or sexual harassment
- Theft
- Vandalism
- Physical assault
- Possessing drugs or alcohol at school
- Possessing a firearm or other weapon at school
Offenses vary between schools and school districts, so it's important that you and your child read your school's code of conduct carefully. In South Dakota, superintendents, principals, supervisors, and teachers have disciplinary authority over all students per South Dakota Code §13-23-1. This law gives school teachers and officials broad discretionary authority when it comes to punishing students for misconduct. When a student is accused of violating a code of conduct, it's not merely their present actions that the school reviews. Officials are also empowered to consider a student's past behavior record—meaning they can hand out an excessive punishment. Administrators can even assign a punishment to a student without fully understanding how or why the alleged misconduct occurred.
In an environment where school administrators have this much authority, students need protection. A student defense attorney-advisor can offer that protection. They can help you stand up for your child's rights, such as ensuring the school follows due process and gives your student a fair hearing.
How Long Does Expulsion Last in South Dakota Public Schools?
The length of a suspension or expulsion depends on the severity of the violation for which the student is being punished. Expulsions can also extend beyond the semester in which the alleged misconduct occurred. Students cannot be placed in alternative learning for more than 45 school days, but they can be expelled for longer for certain misconduct:
- Students can be expelled for up to 90 days for possession of alcoholic beverages
- Students can be expelled for up to 12 months if they bring a firearm onto school premises
The disciplinary process at your child's school is overseen by the school district and the board, according to South Dakota Code §13-32-4. School boards can expel any student for violating their school's rules or policies, for “insubordination,” or for “misconduct.” Superintendents also have the authority to temporarily suspend any student.
What Happens to Expelled Students in South Dakota?
If a student in South Dakota gets expelled from their school, they cannot attend classes at their school or another school in the district for the duration of their expulsion. However, students must be guaranteed the right to education, so the state has alternative options for expelled students. Expelled students may be sent to an IAES while they are expelled. These alternative learning environments are not overseen by state law in South Dakota, so each one may have different goals and objectives. Many of them focus on reforming a student's behavior if they were expelled for misconduct.
Will My Kid Get Expelled for Bringing a Gun to School in South Dakota?
Yes, students who intentionally bring a firearm to school in South Dakota will be expelled for at least 12 months. South Dakota Code §13-32-4 requires superintendents to expel students who possess a firearm “on or in any elementary or secondary school premises, vehicle, or building or any premises, vehicle, or building used or leased for elementary or secondary school functions or activities.” The school board must also report this student to law enforcement authorities.
School superintendents are allowed to increase or decrease the 12-month expulsion period on a case-by-case basis.
Will My Child Be Expelled for Having Drugs or Alcohol at School?
Yes, students in South Dakota can be expelled for up to 90 days for possessing or consuming beer or alcoholic beverages at school. Students may also be suspended or expelled for possessing a controlled substance without a valid prescription on the school premises or at school activities.
South Dakota Code §13-32-4 allows school officials to take disciplinary action when student misconduct involves alcohol, controlled substances, or firearms. All school principals are allowed to temporarily suspend students, but only the school board may expel a student.
Does My Student Get a Hearing Before Getting Expelled?
Yes, students must have a hearing before they are expelled from school. Federal law grants students due process if they are about to be excluded from school for more than 10 consecutive school days. In South Dakota, the process follows Administrative Rules §24:05:26.01:05, which calls for a meeting between the student and the school board.
Students who are expelled for a long-term suspension (more than 10 days) or expulsion have the right to a hearing by the school board under South Dakota law.
At this meeting, the student will have a chance to hear exactly what they have supposedly done wrong and which of the school's rules they have allegedly violated. They will also have a chance to present an argument in their favor. The process for this hearing is the following:
- The student and the principal, superintendent, or school administration representative may each make an opening statement.
- Each party in the hearing can present evidence and witnesses and then cross-examine witnesses.
- Each party can formally object to evidence the other side has presented.
- The hearing officer can question witnesses or allow anyone else on the hearing panel (other school board members) to request additional information from either party.
- Each party makes a closing statement.
Once the hearing ends, the school board (which serves as the hearing panel) will get together in a private session to discuss and make a decision. Students must receive a formal notice stating the length of the expulsion. Students also have the right to appeal any decision by the school board to the circuit courts.
Sending students away from their usual learning environment, even temporarily, isn't an effective way to deal with supposed behavior problems. Fortunately, your student is allowed to have an attorney-advisor represent them at the expulsion hearing and negotiate with the school board on your behalf. They can also help you deal with the appeal process if the hearing results in an adverse decision for your student.
Can Students with Disabilities Be Expelled from South Dakota Public Schools?
Yes, students with disabilities can be expelled from school in South Dakota. If a student has an Individualized Education Plan (IEP) or Section 504 Plan, the school board must conduct a Manifestation Determination Review (MDR) before expelling the student. The MDR determines if the student's school failed to implement the IEP or 504 plan properly and if doing so led to the student being threatened with expulsion. Students with disabilities may also be sent to an IAES program after they are expelled if the MDR deems it appropriate.
An MDR may take place for students accused of serious misconduct if the student has:
- Autism spectrum disorder
- Chronic emotional distress
- Hearing impairment
- Learning disabilities
- Physical limitations
- Speech or language impairment
- Vision damage
This list isn't exhaustive, however, and students who have other disabilities may also have an MDR before their expulsion decision is final.
If a student with an IEP or 504 plan is about to be expelled, the superintendent refers the matter to the district's placement committee. The committee consists of the student, their parent or guardian, school faculty and staff familiar with the student, and the school's special education staff. Any healthcare professionals who treat the student may also participate in the committee.
The committee has a meeting to discuss the matter. If the decision is that the student's misconduct was not a result of their disability, they will be expelled and sent to an IAES program.
Can I Appeal My Student's Expulsion?
Yes, students in South Dakota have the right to appeal an expulsion decision. The school board must decide whether a student is expelled or not, but you and your student can appeal this decision to the circuit court. While taking the matter to a civil court of law might seem daunting, you shouldn't let it prevent you from pursuing an appeal. You can have an attorney-advisor assist you, as they will know how to navigate the process and guide you on each step of the way.
The Negative Impacts of IAES Placement
Being sent to IAES, even temporarily, can have downsides that stay with your child long afterward. Not only does this punishment stay on their official school disciplinary record, but it can also hamper their academic progress. Ultimately, your child may have difficulty getting into their preferred college, seeking employment, applying for internships, or obtaining other professional and educational opportunities after high school.
The most common issues with alternative disciplinary placement in South Dakota are:
- Lower quality of education: There are no standard regulations governing IAES in South Dakota; they're under the authority of individual school districts. There's no quality guarantee when it comes to the level of education in these programs, and districts have wide discretion. As a result, students enrolled in these programs may fall behind their peers in traditional schools. Once a student returns from IAES, they might have a hard time catching up academically.
- Fewer schools to choose from: There aren't as many IAES programs in South Dakota as there are public high schools. When your student's punishment is IAES placement, you have limited options. It's possible the program might be located further away from where you live, forcing you and your family to make alternate, inconvenient commuting arrangements. If getting to school every day is a big enough hassle, it might even discourage your student from attending. Low attendance can lead to a prolonged placement period in IAES and further impact the quality of your child's education.
- Students are treated like criminals: When students are excluded from regular school, it makes them feel stigmatized. Students sent to IAES are often treated like miscreants or even criminals for their behavior when often the issue is simple classroom misconduct. When you treat a child this way, it has long-term effects on their self-esteem. It can prevent healthy emotional and social development in your child when they are treated like a criminal at school.
- Repeat placements are likely: Once a student gets sent to IAES, it's highly likely they'll be sent again. After being placed in another school for any period of time, a child may struggle to readjust to their old school, which could lead to more behavior problems. Your child also has a disciplinary record now. If they misbehave again—even for a minor infraction—a school administrator may think IAES is the only suitable punishment for your child. Most schools' codes of conduct take a child's past disciplinary history into account when determining punishment. This type of policy puts students who've already been to IAES once at risk of having to attend again.
Being sent to IAES, even if it's just for 45 days, can severely impact your child's education. They may not be able to achieve as highly academically. They may end up dropping out or never receiving their diploma. Isolation from friends and familiar teachers can take a toll on young people. IAES placement is intended to help students who have supposed behavior problems at school. Instead, it can end up being an overall negative experience for your student.
If you know that your child is at risk of being sent to IAES in South Dakota, you should take steps to prevent it. Working with a student defense attorney-advisor can help.
How Can a Student Defense Attorney-Advisor Help?
When you and your child are facing expulsion and removal to IAES, you might wonder how an attorney-advisor can assist you. It's not a legal matter; you're just dealing with a school. You should be able to handle it on your own, right? Not necessarily.
If you're unaware of how disciplinary proceedings work for school districts in South Dakota, you may quickly find yourself in over your head. You may not be aware that you can negotiate with your child's school administrators to work out a different solution rather than sending them to IAES. You may not know how best to present your child's case at the hearing, including how to gather evidence or question, character witnesses.
Later on in the process, when you decide to appeal, you'll have to go to the courts. At this point, having a legal professional isn't just a good idea; it's highly recommended. Eventually, your best option may be to file a lawsuit against your school if you have no other recourse. If you choose this route, you'll definitely want a student defense attorney-advisor by your side.
Joseph D. Lento and his Student Defense Team at the Lento Law Firm have helped countless students with disciplinary matters. He and his team give you the confidence to stand up to your child's school and ensure your child's rights are protected. The Lento Law Firm also understands how anxious this process might make you and your child feel and is ready to provide the support and guidance that you need. To get through this challenging situation, contact the Lento Law Firm by calling 888-535-3686.
