October 19, 1978

Mr. Richard Casey 
Deputy State's Attorney 
Lake County Courthouse 
Madison, South Dakota 57042

Official Opinion No. 78-48

Expulsion of minor child for insubordination

Dear Mr. Casey:

You have requested an official opinion from this office as to the following question:

QUESTION: 

May a board of education suspend from enrollment in a public school a minor child of compulsory school attendance age on the grounds of insubordination under authority of SDCL 13-24-4, in light of the compulsory school attendance statutes of this state, particularly SDCL 13-27-1 through 13-27-6?

SDCL 13-32-4 provides: 
    
The school board of every school district shall assist and co-operate with the teacher in the government and discipline of the schools.  The board may suspend or expel from school any pupils insubordinate or habitually disobedient, and the person in charge of the school may temporarily suspend any such pupils.  Such expulsion shall not extend beyond the end of the current school year.  The state board of education is authorized to establish rules for hearing procedures for the protection of students' rights.  Each school district board shall provide procedural due process hearings for students in accordance with such rules when the suspension or expulsion of a student extends into the fourth school day.

In my view, the above-cited statute is quite clear; the Legislature has authorized school boards to suspend or expel an insubordinate student, even though that student might be a student covered by the compulsory attendance statutes which you refer to. Discipline in public schools is a matter which is generally left to the teachers, local administrators, and local school boards. If, in their view, a suspension is appropriate for an insubordinate student after being given his due process, it is my opinion that the Legislature has authorized this to be done.  SDCL 13-27-1 through 13-27-6 do not create such a rigid structure that a student who is covered by compulsory attendance is immune from discipline under SDCL 13-32-4.

Respectfully submitted,

William J. Janklow
Attorney General

WJJ:DOC:jo