S.D. Admin. R. 24:07:03:04

Current through Register Vol. 51, page 57, November 12, 2024

Section 24:07:03:04 - Hearing procedure

The school board is the hearing board and shall conduct the hearing in the following manner:

(1) The school board shall appoint a school board member or a person who is not an employee of the school district as the hearing officer;

(2) Each party may make an opening statement;

(3) Each party may introduce evidence, present witnesses, and examine and cross-examine witnesses;

(4) Each party may be represented by an attorney;

(5) The school administration shall present its case first;

(6) The hearing is closed to the public. A verbatim record of the hearing will be made and will be sealed pending court order;

(7) Witnesses may be present only when testifying. All witnesses must take an oath or affirmation administered by the school board president or business manager;

(8) Each party may raise objections; however, objections are limited to relevancy and scope of the question;

(9) All relevant evidence must be admitted; however, unproductive or repetitious evidence may be limited by the hearing officer;

(10) The hearing officer may ask questions of witnesses and may allow other school board members to interrogate witnesses;

(11) Each party may make a closing statement;

(12) After the hearing, the school board shall continue to meet in executive session for deliberation. No one other than the hearing officer may meet with the school board during deliberation. The school board may seek advice during deliberation from an attorney. Consultation with any other person during deliberation may occur only if a representative of the pupil is present; and

(13) The decision of the school board must be based solely on the evidence presented at the hearing and must be formalized by a motion made in open meeting. The motion must omit the name of the pupil and must state the reason for the board's action. The school board shall notify the pupil or the pupil's parents in writing of the decision. The notice must state the length of the suspension or expulsion.

S.D. Admin. R. 24:07:03:04

1 SDR 24, effective 9/5/1974; 8 SDR 15, effective 8/19/1981; 11 SDR 96, 11 SDR 112, effective 7/1/1985; 20 SDR 223, effective 7/7/1994.

General Authority: SDCL 13-32-4.

Law Implemented: SDCL 13-32-4, 13-32-4.2.