AGO 85-11.

• Court: North Dakota

North Dakota Attorney General Opinions 1985. AGO 85-11. OPINION 85-11Date Issued: March 29, 1985 (AGO 85-11) Requested by: Dr. Wayne G. Sanstead, Superintendent, Department of Public Instruction- QUESTION PRESENTED - Whether a decision to expel a student made by the school board of a public school district, upon a recommendation from the district superintendent of schools, may be appealed to the county superintendent of schools pursuant to N.D.C.C. section 15-22-17.- ATTORNEY GENERAL'S OPINION - It is my opinion that a decision to expel a student made by the school board of a public school district, upon a recommendation from the district superintendent of schools, may not be appealed to the county superintendent of schools pursuant to N.D.C.C. section 15-22-17. - ANALYSIS - The superintendent of schools, in districts where a superintendent is employed, shall make reports to the school board embodying recommendations relative to the enforcement of discipline and school matters in general. N.D.C.C. section 15-38-01. The school board of a public school district shall have the power to suspend or expel a student for cause pursuant to N.D.C.C. section 15-29-08(13). The question presented is whether this decision by the school board can be appealed to the county superintendent of schools. N.D.C.C. section 15-22-17 provides as follows:

15-22-17. TO DECIDE SCHOOL CONTROVERSIES - APPEAL FROM DECISIONS OF COUNTY SUPERINTENDENT. The county superintendent of schools shall decide all matters in controversy arising in his county in the administration of the school laws or appealed to him from decisions of school officers of boards. An appeal may be taken from his decision to the superintendent of public instruction. In such case, a full written statement of the facts, together with the testimony and the decision of the county superintendent in the case, shall be certified to the superintendent of public instruction for his decision, and such decision shall be final, subject to appropriate remedies in the courts.

The authority of the county superintendent of schools to...