South Dakota is home to some fantastic school districts, like Brandon Valley, Dell Rapids, and Dakota Valley, as well as respected colleges and universities. With its strong commitment to education and student success, many families have great experiences in South Dakota's school system.
But even in great districts, challenges can come up. Whether it's difficulty getting proper disability accommodations, dealing with bullying or harassment, or running into problems with free speech or unfair discipline, some students and families find themselves in tough situations.
Every public school student in South Dakota has rights protected by both federal and state laws. When those rights aren't respected, it's important to speak up. At the Lento Law Firm, our Education Law Team attorneys are here to support students and their families across South Dakota. If you're facing discrimination, denied services, or disciplinary action that feels unfair, we're ready to help you take action and find a solution.
Give us a call at 888-535-3686 or send a message through our contact form. We're here to help you move forward with confidence.
South Dakota Disability Accommodations at Schools & Colleges
Students in South Dakota with mental, physical, or learning disabilities have a legal right to equal access in school. It can be a serious problem when schools fall short, which tends to be a problem in South Dakota, where spending per pupil is generally lower than in other states.
The Americans with Disabilities Act (ADA) protects students at every level of education. Public schools in South Dakota are legally required under Title II of the ADA (42 USC §12131) to provide reasonable accommodations for students with qualifying disabilities. Private schools are covered too, under Title III (42 USC §12182).
The ADA isn't just about providing wheelchair ramps and elevators. It also guarantees access to technology, programs, and support services. That means schools may need to adapt their websites for visually impaired students, provide interpreters for students who are deaf or hard of hearing, or make other adjustments to ensure equal opportunity.
If a South Dakota school or college is making it harder for your child to learn, it's time to take action. The law is clear, and we're here to help enforce it. Higher education institutions like the University of South Dakota have entire offices dedicated to accessibility, aiming to give all students the accommodations they need and comply with ADA requirements. Our education lawyers are familiar with federal, state, and even university-level policies to help you build a strong defense if your rights to a fair education are threatened.
Individualized Education Programs (IEPs) and 504 Plans in South Dakota
If you're raising a child in South Dakota's K–12 public school system and they're facing learning challenges or living with a disability, you have options. We know how overwhelming it can feel to navigate special education services and make sure your child is getting the support they truly need. There are strong federal laws in place that are designed to protect your child's rights in school.
In addition to the Americans with Disabilities Act (ADA), two other key laws, the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973, require South Dakota public schools to provide the right kind of educational support for students with qualifying disabilities. These services are federally funded, and if your child qualifies, they shouldn't come with extra costs to your family.
For students in grades K–12, this often means an Individualized Education Program (IEP) or a 504 Plan. Both are designed to meet your child's unique needs so they can succeed in school. Importantly, it's the school's responsibility to look out for students who may need extra support, arrange for proper evaluation, and work closely with you as a parent throughout the process. You deserve to be part of every conversation about your child's education.
We're here to help make sure your child's rights are respected and that they get the services and support they need—not just on paper, but in the classroom where it counts. If you're having trouble getting the services your child needs, having the school assess your child for special education, or running into another obstacle for disability accommodations in South Dakota, our Education Law Team attorneys are ready to help. We can assist families with students in Brandon Valley School District, Dell Rapids School District, Dakota Valley School District, Sioux Falls School District, Hill City School District, Mitchell School District, Harrisburg School District, and throughout the state of South Dakota.
South Dakota School Disciplines & Expulsions
Discipline at schools and universities should help promote a safe and respectful environment for all learners. It shouldn't be merely to punish students or make examples out of them. All students, at any educational level, usually must follow a set of rules or guidelines mandated by the school, such as a code of conduct. Brandon Valley Schools, for instance, have a code of conduct that students must adhere to when participating in interscholastic activities. When they don't respect the code, they can be barred from these activities or receive penalties such as suspension.
South Dakota State University also has a conduct code that aims to ensure all students maintain a productive learning environment with respect for each other. Violations of the policy can lead to serious sanctions, including probation, suspension, or even dismissal.
Most students will run into a little school discipline at some point, whether it's a warning, detention, or another minor consequence. But sometimes, things go beyond what feels fair or reasonable. Especially at the college or university level, disciplinary actions can escalate quickly and carry serious, lasting consequences.
You or your student might be facing allegations of academic misconduct like plagiarism or cheating, or something more serious like vandalism, theft, or a campus code violation. In some cases, students are even threatened with suspension or expulsion for not meeting academic standards. When the stakes are this high, it's completely normal to feel overwhelmed, but you don't have to go through it alone.
We're here to help. Our education lawyers understand how stressful and uncertain this process can be, and we're committed to helping students and their families respond confidently and strategically. From the very first notice to the final hearing, we'll walk with you every step of the way, making sure your voice is heard and your rights are protected. If you're facing school discipline that could impact your education or your future, reach out to the Lento Law Firm's Education Law Team attorneys.
Bullying, Hazing, & Harassment in South Dakota Education
Bullying has become a prevalent issue in the last several years, and now that schools understand how devastating its effects can be, they're taking active steps to prevent it. Most states also have an anti-bullying law that requires school districts to make anti-bullying policies and procedures for dealing with bullying complaints. In South Dakota, school districts have a “model bullying policy” enshrined in state law that they can use for their own anti-bullying and harassment policies.
Although many states make hazing a criminal offense as well, South Dakota doesn't have a law prohibiting hazing. However, that doesn't mean students can't get arrested or won't be charged with anything if they're caught hazing. Assault, reckless endangerment, or alcohol-related offenses are often linked with hazing, and students could still be charged with one of these or another crime. Colleges and universities in South Dakota also have strict hazing policies that can lead to sanctions like expulsion.
Sioux Falls School District takes bullying seriously, with a formal student bullying policy in place that defines bullying and outlines procedures for reporting and investigating it. Most other school districts have a similar policy and process.
Although bullying is still an issue in higher education, hazing is more common. The University of South Dakota doesn't allow either, and has a specific incident report form students can fill out if they encounter hazing. Anti-bullying or anti-hazing statements can also be included in a general harassment policy for the school.
If you or your child is being bullied, hazed, or harassed at school in South Dakota, and the school isn't stepping in, you need to take action. Schools have a legal duty to protect students, and when they ignore serious behavior, they can be held accountable. Likewise, if your child is being accused of bullying or harassment and is facing suspension, expulsion, or other harsh penalties, you need a solid defense. These situations can move fast, and the consequences can be serious.
Our education attorneys know South Dakota's laws and school policies inside and out. We'll step in quickly, help you understand your options, and fight to protect your child's rights, whether they're the target or the one being accused. Don't wait for things to get worse. Reach out and let the Lento Law Firm help you take control of the situation.
South Dakota Unlawful Discrimination in Education
Discrimination has no place in South Dakota schools, and the law backs that up. Whether you have a student in grades K–12 or you're a college student, there's protection under both state and federal laws.
The South Dakota Human Rights Act makes it illegal for schools to discriminate based on things like race, religion, sex, disability, age, or marital status. On top of that, Title VI of the Civil Rights Act protects students from discrimination based on race, color, or national origin, and Title IX protects against sex-based discrimination. Title IX also protects students from sexual harassment, assault, dating violence, and stalking in any school that receives federal funding.
Most schools in South Dakota have their own anti-discrimination policies, but if those policies aren't being followed or enforced, our education lawyers at the Lento Law Firm can help you address it. Dell Rapids School District has a non-discrimination statement that protects students and affirms that every child should be given the “maximum educational opportunity” for educational development.
South Dakota universities also have discrimination policies, such as the Dakota State University Equal Opportunity and Non-Discrimination Policy. It's important to remember that although these policies exist, with certain protections spelled out in black and white, the reality students face doesn't always match up with written rules. Districts of boards of regents may have certain requirements when it comes to providing equal opportunities, but sometimes these requirements aren't met. One of the only ways to ensure that school administrators are following the rules is by advocating for yourself. With our education lawyers by your side, you can stand up for your rights at school with confidence.
Discrimination is a serious issue, and you shouldn't have to face it alone. Let the Lento Law Firm help you build a strong defense.
South Dakota Free Speech Rights
Free speech doesn't stop at the school doors in South Dakota—and we make sure schools know it. Public schools are bound by the Constitution just like everyone else. They don't get to silence students simply because a message is uncomfortable or unpopular. The U.S. Supreme Court settled this in Tinker v. Des Moines: as long as student expression isn't causing a significant disruption, it's protected under the First Amendment.
The North Dakota State University Dean of Students, for example, has a statement upholding the First Amendment and protecting the free exchange of ideas. The university is committed to intellectual freedom and civil discourse, but it can restrict certain types of speech. False defamation, genuine threats, harassment, or anything that violates the law isn't tolerated.
Whether it's a peaceful protest, a personal statement, or a viewpoint that challenges the norm, students have the right to speak up. If your school isn't respecting that, we know how to step in and make things right. We've done it before, and we know exactly how the law works. We represent students facing serious disciplinary action over speech, especially when schools stretch their rules into censorship. If your rights have been violated, we don't just push back, we take action. That includes pursuing financial compensation under 42 U.S.C. § 1983 for constitutional violations.
Our Education Lawyers Protect Your Rights
Understanding your due process rights is important, but knowing how to put them into action is what really makes the difference. If your child is facing suspension, expulsion, or another serious disciplinary issue at school, we're here to guide you through every step. We know how stressful this process can feel, and we also know how to keep things from spiraling. In many cases, we can step in early, open a dialogue with the school, and work toward a fair resolution before things go too far.
But if the situation has already escalated, don't worry, we can still step in. Whether you're preparing for a formal hearing or need help filing an appeal, we're ready to build a strong case and explore every possible path forward. We also know how to work directly with school district attorneys when standard channels don't offer a clear solution.
You don't have to go through this alone. We're here to help you protect your child's rights and their future. Call 888-535-3686 or send us a message via our confidential contact form.
