Every school year, somewhere in South Dakota, an administrator experiences "The Moment." (You all know the moment…) A student does something spectacularly ill-advised, and a little voice in your head whispers: "I could just expel this kid right now." Before you act on that voice, pause. Let's walk through how student discipline actually works.

Suspension Is the Short Game

The superintendent or principal can temporarily suspend a student up to ten school days (SDCL 13-32-4.2), and for short suspensions the process is quick: tell the student what they are accused of, and if they deny it, give them the facts you have and a chance to tell their side (ARSD 24:07:02). That's the floor. It's not a trial. It's a conversation with documentation. Give the parents a call after you decide to implement a short-term suspension. Unless your board policy requires more than this, there aren’t any other required procedures for a short-term suspension.

Long-Term Suspension: The Board Only Shows Up If Asked

If the superintendent finds grounds for a long-term suspension (11–90 school days) and decides to implement it, then, the superintendent files a sealed written report with the board and sends a copy to the parent, but the board hearing only happens if it is requested (ARSD 24:07:03). The notice tells the family they have the right to request a hearing. No request, no hearing. The suspension stands on the superintendent's decision.

Expulsion: A Hearing Happens Unless It's Waived

If your administration recommends expulsion, the superintendent files the sealed report and schedules a hearing before the board (ARSD 24:07:04). The hearing is the presumption; it happens unless the family affirmatively waives it. The board's decision must rest solely on the evidence presented at that hearing and be formalized by motion in an open meeting.

So remember: long-term suspension hearing is opt-in (happens if requested); expulsion hearing is opt-out (happens unless waived).

One More Thing — They Can't Just Enroll Elsewhere

A student under suspension or expulsion may not enroll in any South Dakota school district until that suspension or expulsion has expired (SDCL 13-32-4.3). When a receiving district requests the student's records, the sending school must provide written notice of the suspension or expulsion. Discipline follows the student, and a fresh start three towns over isn't an option.

The Alternative-Setting Option (New in 2026)

Under House Bill 1017 (now codified at SDCL 13-28-19.2), a school board may assign a student to receive instruction in an alternative setting when the student's aggressive or violent behavior disrupts the classroom or affects the health or safety of others or the functioning of the school. An "alternative setting" is broad. It can mean learning at home, a different classroom, or a different building. However, this law does not allow schools to circumvent special education laws.

Don't Forget — Special Education

Before you suspend or expel anyone, ask the single most important question in this whole post: does this student receive special education services? If you're not sure, find out before you act. When a student on an IEP or Section 504 plan is facing student discipline, you need to loop in your special education director or coordinator immediately to ensure additional procedural safeguards are covered; for example, is a manifestation determination review triggered prior to discipline?

Questions on any of this? Shoot us an email at ksb@ksbschoollaw.com. We also have student discipline process forms available for purchase to help you document each step correctly, and a prerecorded student discipline workshop if you want a deeper dive into the procedures above.