Whether your student attends school in Sioux Falls, Rapid City, Aberdeen, Harrisburg, Brookings, Brandon, or anywhere else in South Dakota, they face an increasingly rigid discipline system. South Dakota is notable because school discipline laws and regulations are written in great detail. While this may be helpful to an attorney, it can feel overwhelming for a parent to read these statutes and regulations and attempt to assist their child accused of misconduct.
Consequences of School Discipline
Parents are often surprised to learn the extent of the negative consequences of school suspension or expulsion. Even a single expulsion from school will dramatically increase the risk of youth dropping out of high school. A middle or high school student who receives a suspension from school is more likely to:
- Experience falling or failing grades.
- Enter the juvenile justice system.
- Be denied entry to a college or university because of the record of discipline.
Discipline in South Dakota Schools
In South Dakota, superintendents, principals, and teachers have the authority to discipline students. Teachers and supervisors can discipline students for in-school behavior or misconduct at school events or activities. However, superintendents and principals have the right to go beyond behavior at school or school events. Superintendents and principals can discipline students for off-campus conduct that:
- Disrupts the school.
- Affects a health or safety factor at the school.
Discipline for Off-Campus Misconduct
Regarding off-campus misconduct allegations, the degree of connection between the alleged misconduct and school interests or activities will determine whether off-campus misconduct becomes a school issue and leads to discipline. For example, if your middle school student is arrested at a party where alcohol is being served, but no other person from the school is present, the school would be unlikely to take action. If, however, your middle schooler is arrested in possession of alcohol at a party with other students from the school, the connection with the school becomes clearer. Finally, if a sports team member gave the party, all attendees were members of that sports team, and most were drinking, the school is highly likely to seek discipline against the students who are subsequently arrested.
South Dakota School Responses to Off-Campus Misconduct
Under South Dakota law, schools' responses to off-campus misconduct allegations depend on whether the alleged misconduct is disruptive to the school or involves a health or safety issue. These issues depend on how related misconduct is to the school.
- The alleged misconduct is unrelated to school activities or policies. Where the alleged misconduct is not related to the school, it is difficult to see how it could be disruptive or damaging to the health and safety of the school. School districts are reluctant to address student behavior that causes little or no disruption to school activities—the school is likely to see this as a parental issue and find that involvement by the school is inappropriate or unwarranted.
- The alleged misconduct is indirectly related to the school. Sometimes, alleged misconduct is more indirectly related to school interests. It is in this “grey area” that many disputes and questions arise. If a student's off-campus behavior is only tangentially connected to school activities, the school may or may not take action against the student. The overriding question in South Dakota will always be whether the misconduct is disruptive or is a health or safety issue. While this may sound like a clear standard, it is pretty subjective. If a student makes a politically unpopular statement on social media, it may anger other students, but it is difficult to see that this disrupts school or harms other students. But imagine the same student making an openly racist comment on social media, which drew complaints from students who refused to attend class or play on sports teams with the speaker. It becomes much easier to see a connection and interest of the school in the post. If discussions on social media take on a tone of bullying or hazing, the school is more likely to become involved. It can become critical in these instances to have experienced counsel and keep communication lines open with the school.
- The alleged misconduct is directly related to school policy or interest. If there is a clear connection between allegations of misconduct against a student and the school's interests, the school will likely take action. The school is more likely to act if other students are involved or severe health or safety issues are present. If a student appears to be a risk to the school or if he has made statements suggesting that he is considering violence, the school may feel compelled to act. While SD laws require expulsion when a student brings a firearm to school, these laws do not cover situations where a student may be planning or discussing such actions. If your student is disciplined for severe misconduct allegations, call the Lento Law Firm and take action quickly.
Suspension, Expulsion, and Alternative Placement in South Dakota Schools
South Dakota regulations and code spell out the rules for expulsion and long-term suspension in schools. A student may be suspended or expelled for insubordination or misconduct. While a superintendent or principal will handle short-term suspensions, local school boards oversee longer-term suspensions (over ten days) or expulsions.
The regulations spell out three types of offenses that will typically involve longer suspensions or expulsions:
- Consumption of alcohol at school or school activities.
- Use of a controlled substance at school or school activities.
- Possession of a firearm at school or school activities.
The penalty for alcohol consumption may not exceed 90 days. The penalty for bringing a firearm to school is a suspension of one year, but the regulations allow superintendents to increase or decrease this time without limits. The penalty for using a controlled substance is complicated and centers around both an outright suspension and the loss of the right to engage in extracurricular activities.
Controlled Substances and Extracurricular Activities
If your student is arrested on an illegal drug offense, they may lose the right to engage in extracurricular activities. The state's attorney in South Dakota must notify the South Dakota High School Activities Association of drug offenses by high school-age students. The rules for suspension of the right to play on a sports team or play in a marching band or other activities are complicated. A student may be prevented from engaging in a high school activity after a drug arrest or conviction for at least two games, performances, or competitions. After a second offense, the student may be prevented from participating in up to 6 games or events. The student may lose the right to participate in extra-curricular activities for a third or subsequent offense. However, the law has several variables. First, a student may avoid the loss of the right to engage in extracurricular activities by entering drug counseling or treatment. As long as the student complies with treatment, their ability to continue participating in activities is protected. Further, local schools may allow students who cannot compete to continue to practice with the team or group.
Call the Lento Law Firm Student Defense Team if your student faces discipline for a drug-related issue and you are concerned that their future as a musician or athlete may be lost. This law is harsh, but there are many ways to defend and assist your student and preserve their future.
The Consequences of School Discipline in South Dakota
If your child is disciplined for off-campus misconduct, that discipline can have immediate consequences and lead to long-term challenges. School discipline has a way of resurfacing years after the fact to prevent a student from reaching their goals, and it is vital that no parent ever treat school discipline as routine or unimportant.
Short-term Effects: If students are suspended, they will miss out on instruction and classroom time and may miss tests. Even a short suspension can lead to falling grades, lost motivation, lower standardized scores, and lower achievement. If they take AP courses, a suspension may lead to an inability to pass the testing for college credit. Middle school students appear to be especially vulnerable, with one study finding that suspended middle school students were more likely to misbehave in the future. The short-term effects of a suspension are difficult to avoid, even for a highly motivated student.
Long-term Consequences: While the short-term effects of suspension are concerning, parents and students fear the long-term impact most. The Center for Community Alternatives found that 73 percent of American colleges collect disciplinary data on applicants, and 89 percent of those use it in admissions. However arbitrary, it does appear that even a minor instance of discipline years earlier can devastate an applicant's chances in the hypercompetitive college admissions arena. A parent or guardian must take action to “clean up” the records of their high school-age children before the college application process begins. South Dakota has a strong law regarding the privacy of discipline for middle and high school students, which may provide protections for releasing information on discipline to prospective colleges. Call the Lento Law Firm Student Defense Team and discuss your concerns on how a disciplinary record might affect your student long-term. They can advise you on preventing a disciplinary record from harming your student's long-term education opportunities.
Navigating the School Disciplinary Process in South Dakota
Unlike many other states, South Dakota laws and regulations clearly and in great detail describe the process schools must provide to students suspended for more than ten days.
The Student Defense Team at the Lento Law Firm will be able to:
- Advise you as to the appropriateness and legality of the proposed discipline.
- Advise you on how other issues, such as disability, might affect your case.
- Open lines of communication with the school to make informal resolution more likely.
- Ensure that your student has due process and can tell their story.
- Hold the school accountable for its processes and policies and provide the students and parents with a thorough understanding of its policies and regulations.
- Negotiate with the school.
As a parent, you should begin gathering evidence as soon as you become aware of the possibility of discipline of your child. After you have a conversation, take notes if the conversation is not recorded. Always discuss the legality of recording conversations ahead of time with counsel. Make sure you understand the school's position and what that position is based on. Prepare for meetings with the principal or other administrators.
Our team can help you with these tasks. In addition, we can help you:
- Investigate and document your child's behavior.
- Negotiate with the school to end the process as quickly as possible with minimal disruption to your family.
- Advise and assist with the appeals process, if necessary.
- Advise you on how to protect your child's interests and achieve the best possible outcome.
The Lento Law Firm is Here to Ensure Your Child's Future.
The Lento Law Firm has successfully represented hundreds of students nationwide for all types of misconduct allegations. Wherever you are in South Dakota, the Lento Law Firm Student Defense Team can provide a robust and experienced representation dedicated to your child's success. Don't face this process alone. The Lento Law Firm Student Defense Team will represent your students' best interests and protect their prospects for the future. Call 888.535.3686 or provide your details online, and we will contact you.
