Office of Accreditation & Teacher Quality

Student Rights & Responsibilities

Introduction

Recent school tragedies such as Littleton, Colorado; Jonesboro, Arkansas; and Pearl, Mississippi; have raised the awareness of school administrators and school boards about the safety of students and teachers in school settings.  Frequent questions have been posed about the responsibility and role of school district officials in protecting the students and staff.    

In South Dakota, all children are entitled to a free public education.  Implicit in that entitlement is the right to be free from negative influences and in a safe, secure environment.  The South Dakota Legislature has made it clear that the general operation, management, and supervision of public schools is vested in the local school board.  State and federal law regulates certain areas, most notably student possession of guns, drugs, and alcohol.  These restrictions, however, do not prevent local school boards from establishing policies to further address these and other concerns.

It is important to remember, however, that although courts have long acknowledged the difficulty in maintaining discipline in public schools, and have emphasized the comprehensive authority of school officials to control schools, students "do not shed . . . their constitutional rights at the schoolhouse gates."  Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 560 (1969).

School officials do not possess absolute authority over their students.  Students in school as well as out of school are 'persons' under our Constitution.  They are possessed of fundamental (inalienable) rights which the state must respect, just as they themselves must respect their obligations to the state.  Tinker v. Des Moines, 393 U.S. 503.

This guide is simply meant to provide information about the rights and responsibilities of public school students in South Dakota and the role of local communities in school safety. The exact nature and extent of any legal right or duty depends upon circumstances unique to a particular case. These guidelines should not be considered a final statement of all student rights or responsibilities in every case.

It is recommended that each school district: (1) establish a formal written policy on student conduct, safety, and welfare; (2) make the written policy public and accessible to all students, parents, and community members; (3) define student rights and responsibilities as specifically as possible within the policy, as well as identify unacceptable student behavior and the penalties and consequences that may be imposed when such behavior occurs; and (4) 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; gang-related activities; and misuse or abuse of technology, including the Internet. While this is not an exhaustive list of concerns involving schools and school districts, this guide attempts to address some of the common questions raised about school safety issues.

School safety is an issue that should be of concern for everyone.  Schools have a difficult job to protect students and staff while providing a quality education.  In that vein, courts have recognized the unique role of schools in school discipline and safety.  Schools still have an obligation to protect the constitutional rights of the students within their supervision and should be aware of those rights as they develop policies and procedures to ensure safe schools for all South Dakota students.  Schools must perform this delicate balancing process.

The type of search and the justification for the search depends on the extent and invasiveness of the search.  The more invasive the search, the more procedural safeguards are required.  Thus, the search of a student's backpack requires less justification and procedural safeguards than a rarely justified strip search of students.  The more invasive search may be acceptable depending on the possible outcome.  That is, if the alleged contraband is a gun or a bomb, and the risk of injury to students is great if that item is not discovered, a more invasive search may be justified.