Laws regarding school discipline and punishment vary from state to state; from school district to school district; and between public schools, private schools, and charter schools. School discipline and punishment laws are generally located in a state’s statutes (often in the Education Code) and further defined in a specific school’s policies and procedures. Federal laws may also apply in particular school discipline contexts. And state and federal criminal laws may apply to certain student conduct that occurs on school property or at school-sponsored events.
Exclusionary discipline is any type of school discipline that removes or excludes a student from their usual educational setting. Two of the most common exclusionary discipline actions are suspension and expulsion.
Corporal punishment is the use of physical force—usually paddling or spanking—to punish a student for misbehavior. Corporal punishment against students is legal in approximately 19 states but is controversial and the subject of proposed state and federal legislation to limit or prohibit its use.
In South Dakota, school discipline and punishment are governed by state statutes, which can be found in the Education Code, and are further detailed in the policies and procedures of individual school districts. Exclusionary discipline, such as suspension and expulsion, is used to remove a student from their regular educational setting as a form of punishment for violating school rules or policies. The South Dakota Legislature provides guidelines for these disciplinary actions, ensuring due process rights for students are upheld. Corporal punishment, on the other hand, is not permitted in South Dakota public schools. The state law specifically prohibits the use of corporal punishment in public school settings. Federal laws, such as the Individuals with Disabilities Education Act (IDEA), also apply to school discipline, providing additional protections for students with disabilities. Moreover, certain student behaviors may fall under state and federal criminal laws if they occur on school property or during school-sponsored events.