South Dakota's middle and elementary schools provide students with an atmosphere dedicated to learning and growth before high school. Although students will face challenges, schools aren't always as forgiving when investigating misconduct or keeping students accountable through disciplinary measures. They may also be at risk when South Dakota institutions fail to grant accommodations required for a student's education.
School rule violations and a lack of support services can leave a middle or elementary school student fighting long-lasting consequences. When your child's education is on the line, the Lento Law Firm's Student Defense is ready to defend their right to free, appropriate education and push back against harsh disciplinary measures. Our nationwide team can also educate you on how South Dakota schools adjudicate misconduct, enforce academic requirements, grant accommodations, and discipline students. Call us today at 888-535-3686 or submit your details online, and the Lento Law Firm will contact you.
South Dakota Middle and Elementary Education Issues
State law explains that "superintendents, principals, supervisors, and teachers have disciplinary authority over all students while the students are in school or participating in or attending school-sponsored activities whether on or off school premises." Rules dictating what constitutes ground for disciplinary authority must meet guidelines established by the South Dakota Board of Education, and each school district will codify them in a code of conduct—also called a student or parent handbook.
Most of the policies outlined in a school or district's code of conduct will underscore academic and behavioral standards and explain relevant administrative processes and student rights. Schools will typically divide misconduct into two sections: academic and behavioral.
South Dakota Middle and Elementary School Academic Misconduct Charges
One of the most significant parts of upholding school integrity is ensuring students have equal access to succeed. Subsequently, South Dakota middle and elementary schools will have guidelines that seek to punish instances of unfair advantages like cheating. For example, Hanson Middle School has a strict policy against "cheating, plagiarism, and academic dishonesty." The policy lists the following as examples of prohibitive behavior:
- Attempting to obtain academic credit by any "dishonest or deceptive means."
- Lying to gain an unfair advantage or aid another person.
- Copying another person's work or answers on an assignment or exam.
- Discussing the answers or questions on a test or assignment unless authorized.
- Failing to give credit for "ideas, statements, facts, or conclusions" that rightfully belong to another person—plagiarism.
Students accused of academic misconduct often risk severe discipline. If students are found responsible for cheating, the punishment is often suspension or expulsion. Nevertheless, South Dakota students must adhere to rules directing other facets of the school experience.
South Dakota Middle and Elementary School Behavioral Misconduct Charges
Aside from upholding an institution's academic integrity, South Dakota schools must also provide students with a safe environment free from disruption. As such, much of student behavior on campus and at school-sponsored events is regulated. Schools will vary in how they approach defining proper behavior, but most are similar. Although it's not an exhaustive list, Brandon Valley Middle School prohibits the following behaviors:
- Possessing medication without approval
- Failing to return school property
- Frequent tardiness
- Cell phone usage
- Bullying and harassment
- Physical or verbal abuse
- Inappropriate conduct at school-sponsored events
As schools nationwide continue to adopt zero-tolerance policies for various forms of misconduct, it's essential to understand how serious a seemingly small situation can get. South Dakota middle and elementary won't hesitate to remove students from school to maintain their status quo.
South Dakota Middle and Elementary School Academic Progression Issues
Although middle and elementary school students risk discipline for disregarding rules regulating academic integrity and ethical behavior on campus, they can also be penalized for not progressing through the curriculum quickly enough. Typical requirements for progression in South Dakota schools can include a number of credit hours earned per year, standardized tests, and class assignments.
Yet, attendance is a priority measure for evaluating academic progress. For instance, Warner Elementary School states that students who miss "24 or more days in a semester" will either fail the class they missed or will be recommended to repeat that grade. Furthermore, students must also complete missed assignments within three days of their absence, or they risk no credit to their overall grade.
South Dakota Middle and Elementary School Disability Issues
Students in South Dakota schools may also face obstacles in obtaining disability accommodations afforded by the Individuals with Disabilities Education Act. For students with disabilities, schools must maintain an Individualized Education Program that outlines variations to the curriculum or school environment needed to support a student's success. Reasonable accommodations are only given to a select number of qualifying disabilities like the following:
- Certain emotional or learning disabilities
- Orthopedic and other physical impairments
- Speech, language, hearing, or visual impairments
- Other function-related disabilities
Reasonable accommodations can include alternative class schedules, additional programs and devices, classroom modifications, counseling, and other aids and services. But sometimes, South Dakota middle and elementary schools fail to recognize the potential for disabilities, leaving students without the help they need, which can hinder academic performance and cause behavioral problems, leading to discipline.
South Dakota Student Defense Services
If your child is facing any of the above circumstances in their school, the Lento Law Firm's Student Defense Team stands ready to champion your student's right to fair hearings and appeals, reasonable accommodations, and equal access to education. Also, the nationwide Lento Law Firm can engage in discussions with school administrators and district supervisory staff in their Office of General Counsel to arrange alternative settlements before formal proceedings commence.
Don't let your child suffer through the potential of suspension or expulsion—the Lento Law Firm's Student Defense Team is available in every area of South Dakota. We assist parents and defend students in the metro areas of Rapid City, Spearfish, and Sioux City and in local school districts across the state. Retain the Lento Law Firm's Student Defense Team to help your middle or elementary school students with their education accommodations, academic progression, or disciplinary challenges. Call 888-535-3686 or go online now.
