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Student's Rights and Responsibilities south dakota’s guide to student rights responsibilities& Designed for School Attorneys SD Attorney General’s Office and SD Department of Education and Cultural Affairs Table of Contents Introduction.............................................3 Suspension and Expulsion.................. 11 Safe School Projects ..............................4 School Records....................................13 Student Rights and ................................6 Search and Seizure ............................ 15 Responsibilities Locker Searches.........................18 Conduct off School.................................7 Grounds Search by Drug-Sniffing Dogs ...18 Corporal Punishment ............................7 Suspicionless Searches.............18 Restriction on Dress...............................8 Terroristic Threats and.........................21 and Grooming False Reporting Flag Salute and Pledge..........................8 Appeals.................................................22 of Allegiance Conclusion............................................22 Freedom of Expression..........................9 Contact Numbers.................................22 School Rules........................................ 10 Possession of Tobacco,...................... 10 Alcohol, Drugs, and Firearms 2 Introduction I am pleased to provide school attorneys with this updated version of the South Dakota Guide to Student Rights and Responsibilities. This publication is a reference guide for school law and school safety issues. Although we have attempted to give an overview of the subject area, this guide is not a comprehensive exposition on all aspects of the law. This guide is not intended as an official opinion of the Office of the Attorney General. Schools are tasked with the responsibility of providing an education for our kids in a safe and secure environment. This duty to assure student and teacher safety has come to the forefront in recent years because of the tragic events in several schools nationwide. In this process of assuring safety, it is important that we don’t overlook the rights of students. We believe this guide will help sort out the rights and responsibilities of students, schools, teachers and administrators. This guide was put together through the cooperative efforts of DECA and the Office of the Attorney General. We are fortunate to have a strong educational system in South Dakota. We hope this guide will serve as a useful reference tool for all people striving to maintain our high standards. If you have any comments, questions, or suggestions concerning this guide, please contact either DECA or the Office of the Attorney General. Mark Barnett Attorney General State of South Dakota 3 Safe School Projects Recent school tragedies such as those in develop policies to address topics includ- District, 393 U.S. 503, 560 (1969). Littleton, Colorado; Jonesboro, ing discipline, behavior, contraband, and In our system, state-operated schools Arkansas; and Pearl, Mississippi, have search policies within their schools. may not be enclaves of totalitarianism. raised the awareness of school adminis- School officials do not possess absolute trators and school boards about the Diversity supports the idea of local authority over their students. Students in safety of students and teachers in school control of school districts. South Dakota, school as well as out of school are settings. Those tragedies present although classified as a rural state, has a 'persons' under our Constitution. They questions about the responsibility and population center in Sioux Falls of more are possessed of fundamental role of school districts in protecting than 100,000 people, and the Sioux Falls (inalienable) rights which the state must students and staff. School District is responsible for respect, just as they themselves must educating approximately 18,800 respect their obligations to the state. In South Dakota, all children are entitled students. In contrast, the Conde School Tinker v. Des Moines, 393 U.S. 503. to a free public education. That entitle- District is responsible for educating 73 ment includes the right to be in a safe students. While all districts must be It is critical that school legal counsel is environment, free of negative influences. concerned about their students safety involved in the development and The South Dakota Legislature has made and education, some of the issues implementation of school policies and it clear that the general operation, confronting the Sioux Falls School procedures to ensure that students' management, and supervision of public District are not the same as those facing rights are protected in the process of schools is vested in the local school the Conde School District. Therefore, it maintaining safe, quality schools. This board. State and federal law regulates is essential that local school boards have guide is simply meant to provide certain areas, most notably student the opportunity to develop policies and information about the rights and possession of guns, drugs, and alcohol. procedures to address their specific responsibilities of public school students However, these restrictions do not needs. in South Dakota and the role of local prevent local school boards from estab- communities in school safety. The exact lishing policies to further address these It is important to remember that although nature and extent of any legal right or concerns. Thus, school boards have the courts have emphasized the authority of duty depends upon circumstances right and responsibility to develop local school officials over school districts, unique to a particular case. These policies and procedures to ensure that students "do not shed . their guidelines should not be considered a their students receive a quality education constitutional rights at the schoolhouse final statement of all student rights or in a safe, secure environment. In that gates." Tinker v. Des Moines responsibilities. vein, school boards can and should Independent Community School 4 It is recommended that each school gang-related activities; and misuse or district: abuse of technology, including the Internet. · Establish a formal written policy on student conduct, safety, and welfare; While this is not an exhaustive list of concerns involving schools and school · Make the written policy public and districts, this guide attempts to address accessible to all students, parents, some of the common questions raised and community members; about school safety issues. · Define student rights and responsibilities as specifically as possible within the policy, as well as; · Identify unacceptable student behavior and consequences that may be imposed when such behavior occurs; · Develop forms to be used by school personnel, including consent to search, search report form, rights to privacy with respect to lockers and/or vehicles in school parking lots. The code of conduct should include student conduct and safety; policies for students who are disruptive on school grounds or at school activities or events; disciplinary actions including suspension, expulsion, and use of physical force; 5 Rights and Responsibilities It is the Student’s Right to: · exercise freedom of assembly; · be aware of all rules and regulations for student behavior and act in · receive due process and equal accordance with them; · attend school free of charge; protection; · participate in and take advantage of · attend school and participate in school activities at no expense even · dress in such a way as to express the educational opportunities though married or pregnant; individual personality; provided by the school; · establish and participate in student · respect the human dignity and worth · attend school until age 21, or graduation from high school, at public government. of all other individuals; expense, including free textbooks and instructional materials; · refrain from libel, slanderous remarks and obscenity in verbal and written expression; · expect that the school will be a safe place for all students to gain an It’s the Student’s Responsibility to: · refrain from disobedience, education; misconduct or behavior that disrupts · attend school daily, except when the educational process; · expect that the school will provide an excused or ill, and arrive on time for educational program that meets all classes; special needs, abilities and talents and also meets the standards · respect the reasonable exercise of · protect and show respect for public established for all schools by the authority by school administrators property; and teachers in maintaining discipline state legislature and the South Dakota Board of Education; in the schools and at school · pay only costs that are of a personal sponsored activities; nature or for participation in voluntary · exercise freedom of speech, press activities; and expression of views; · dress in a manner that meets fair standards of propriety, safety, health, · obey all restrictions on students in and good taste; accordance with board rules and regulations; 6 · take an active part in student school. More recent cases have their aids and assistants, have the government by running for office, or supported this position. authority to use the physical force that is voting for the best candidates; make reasonable and necessary for problems known to the school staff Even when students are engaged in supervisory control over students. Like through student representatives; school-sponsored activities after school authority over students is given any hours, they are
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