reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-15 - Secretary's decision on revocation or suspension of certificate--Effective date and duration--Service of order and findings.

13-42-15. Secretary's decision on revocation or suspension of certificate--Effective date and duration--Service of order and findings.
The secretary shall make a decision within thirty days from receipt of a complaint pursuant to §13-43-28.1 or 13-43-49. In case of suspension or revocation, the secretary shall fix the date at which the suspension or revocation becomes effective and, in case of suspension, the duration of the suspension. The order and findings of fact and conclusions of law of the secretary shall be served upon the certificate holder, and, if applicable, upon the school which last employed the certificate holder, the commission, and the complainant before the commission.
Source:
SL 1955, ch 41, ch 16, §6; SDC Supp 1960, §15.3806; SL 1985, ch 139, §19; SL 1989, ch 153, §7; SL 1991, ch 20, §§17, 18; SL 1996, ch 127, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2012, ch 88, §35; SL 2015, ch 98, §13.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-16 - Appeal to circuit court from revocation or suspension of certificate.

13-42-16. Appeal to circuit court from revocation or suspension of certificate.
A certificate holder whose certificate has been revoked or suspended pursuant to this chapter has a right of appeal from the decision of the secretary to the circuit court pursuant to chapter 1-26.
Source:
SL 1955, ch 41, ch 16, §6; SDC Supp 1960, §15.3806; SL 1985, ch 139, §20; SL 1989, ch 153, §7; SL 1991, ch 20, §§17, 18; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2015, ch 98, §14.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-17 - Confidentiality of investigative information--Disclosure.

13-42-17. Confidentiality of investigative information--Disclosure.
Each complaint and answer referenced in §13-42-12 and all other investigative information regarding potential discipline of an applicant or certificate holder in the possession of the department, the Professional Teachers Practices and Standards Commission, and the Professional Administrators Practices and Standards Commission is confidential. This information may be discovered and disclosed as part of a disciplinary proceeding initiated pursuant to chapter 13-42 or 13-43. In addition, if disciplinary action is imposed by the secretary or a commission pursuant to chapter 13-42 or 13-43, this information may be disclosed to authorities within this state, another state, the District of Columbia, or a territory or country in which the applicant or certificate holder holds a certificate or has applied for a certificate.
Source:
SL 1955, ch 41, ch 16, §6; SDC Supp 1960, §15.3806; SL 2010, ch 77, §20; SL 2015, ch 98, §15.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-17.1 - Public and confidential records--Disclosure.

13-42-17.1. Public and confidential records--Disclosure.
The final decision of the secretary regarding a certificate, along with the findings of fact and conclusions of law, is a public record. If the certificate holder requests a private hearing pursuant to §13-42-14, the written record and evidence from the hearing, including the findings of fact and conclusions of law, are confidential unless adopted by the secretary as part of the final decision. However, if disciplinary action is imposed by the secretary or a commission pursuant to chapter 13-42 or 13-43, the written record and evidence from the hearing may be disclosed to authorities within this state, another state, the District of Columbia, or a territory or country in which the applicant or certificate holder holds a certificate or has applied for a certificate.
Source:
SL 2015, ch 98, §16.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-17.2 - Costs of contested case proceeding.

13-42-17.2. Costs of contested case proceeding.
After conducting a contested case proceeding that results in the denial, nonrenewal, revocation, or suspension of a certificate, the department or commission may assess all or part of its actual costs for the proceeding against the certificate holder or applicant.
Source:
SL 2015, ch 98, §17.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-19 - Secretary as "designated state official".

13-42-19. Secretary as "designated state official".
The "designated state official" for this state shall be the secretary of the Department of Education. Such state official shall enter into contracts pursuant to Article II of the agreement.
Source:
SL 1969, ch 63, §2; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-20 - Filing and publication of contracts.

13-42-20. Filing and publication of contracts.
True copies of all contracts made on behalf of this state pursuant to the agreement shall be kept on file in the office of the secretary of the Department of Education. The Department of Education shall publish all such contracts in convenient form.
Source:
SL 1969, ch 63, §3; SL 2003, ch 272, §63; SL 2010, ch 77, §21.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-26 - Certification by National Board for Professional Teaching Standards--Reimbursement for fees--Stipend for certified teachers--Adoption of rules.

13-42-26. Certification by National Board for Professional Teaching Standards--Reimbursement for fees--Stipend for certified teachers--Adoption of rules.
The Department of Education shall establish a program to reimburse public school teachers for the application and processing fee for the National Board for Professional Teaching Standards certification process. The reimbursement shall include any federal funds that may be available through a candidate subsidy program. The reimbursement shall be paid upon receipt of documentation that the teacher successfully completed all certification requirements and was awarded the credential.
In addition to the reimbursement provided pursuant to this section, a teacher who teaches in a public school and who has obtained certification by the National Board for Professional Teaching Standards shall receive a payment of two thousand dollars per year for five years. The stipend shall be paid as follows:
(1)One thousand dollars from the Department of Education;
(2)One thousand dollars from the school district where the teacher is employed.
Once the first five years is complete, the school district that employs the teacher may opt to continue payments during the period of the next five years. If, during that period, the school district pays the teacher a stipend, the Department of Education shall also pay the teacher a stipend equal to the amount offered by the school district, up to a maximum of one thousand dollars. However, the department is not required to pay a teacher a stipend pursuant to this section during years six to ten unless the school district employing the teacher opts to pay a stipend.
The Board of Education Standards shall adopt rules, pursuant to chapter 1-26, to establish guidelines necessary to implement the program.
Source:
SL 2000, ch 89, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2006, ch 85, §1; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-27 - Board to review certification process and establish revised standards.

13-42-27. Board to review certification process and establish revised standards.
Pursuant to §13-1-12.1, the Board of Education Standards shall examine programs that prepare and certify school personnel, identify deficiencies, and establish revised standards designed to deliver more qualified staff to classrooms. The board's review shall identify ways to streamline the alternative certification process whereby persons holding a bachelor's degree or higher can be certified to teach in elementary and secondary schools.
Source:
SL 2000, ch 75, §5; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-28 - Board to establish alternative certification program.

13-42-28. Board to establish alternative certification program.
The Board of Education Standards shall promulgate rules pursuant to chapter 1-26 establishing an alternative certification program for any person seeking employment as a school administrator who does not currently meet the certification requirements for the position sought. The alternative certification program shall permit satisfaction of certification requirements by passing a certification examination for school administrators selected by the Board of Education Standards. The Board of Education Standards shall establish eligibility requirements for sitting for the certification examination for school administrators and shall identify the passing scores required on such examination.
Source:
SL 2003, ch 104, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2004, ch 133, §§1, 6; SL 2004, ch 133, §7, eff. July 1, 2008; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-29 - Administrator not meeting certification standards to submit professional development plan.

13-42-29. Administrator not meeting certification standards to submit professional development plan.
Each school administrator whose preparation does not meet certification standards established by the South Dakota Board of Education Standards shall submit to the Department of Education a professional development plan to meet the alternative certification requirements established by the South Dakota Board of Education Standards.
Source:
SL 2003, ch 104, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2004, ch 133, §3; SL 2004, ch 133, §6, eff. July 1, 2008; SL 2012, ch 88, §36; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-32 - Suspension or revocation of certificate for compromising integrity of academic achievement test.

13-42-32. Suspension or revocation of certificate for compromising integrity of academic achievement test.
The secretary of the Department of Education may suspend or revoke the certificate of any certified personnel who knowingly compromise the integrity of a state-required academic achievement test provided to students pursuant to chapter 13-3.
Source:
SL 2007, ch 85, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-33 - Promulgation of rules on performance standards.

13-42-33. Promulgation of rules on performance standards.
The Board of Education Standards shall, no later than July 1, 2011, promulgate rules pursuant to chapter 1-26 to establish minimum professional performance standards for certified teachers in South Dakota public schools, and to establish best practices for the evaluation of the performance of certified teachers that may be used by individual school districts.
Source:
SL 2010, ch 94, §1; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-34 - Teacher evaluations.

13-42-34. Teacher evaluations.
Any public school district seeking state accreditation shall evaluate the performance of each certified teacher in years one through three not less than annually, and each certified teacher in the fourth contract year or beyond, not less than every other year.
Each school district shall adopt procedures for evaluating the performance of certified teachers employed by the school district that:
(1)Are based on the minimum professional performance standards established by the Board of Education Standards pursuant to §13-42-33;
(2)Require multiple measures;
(3)Serve as the basis for programs to increase professional growth and development of certified teachers; and
(4)Include a plan of assistance for any certified teacher, who is in the fourth or subsequent year of teaching, and whose performance does not meet the school district's performance standards.
Source:
SL 2010, ch 94, §2; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-35 - Work group to develop model evaluation instrument.

13-42-35. Work group to develop model evaluation instrument.
A work group appointed by the secretary of education shall provide input in developing the standards and shall develop a model evaluation instrument that may be used by school districts. The work group shall consist of the following:
(1)Six teachers: two from an elementary school, two from a middle school, and two from a high school;
(2)Three principals: one from an elementary school, one from a middle school, and one from a high school;
(3)Two superintendents;
(4)Two school board members;
(5)Four parents who have students in various levels of the K-12 system:
(6)One representative of the South Dakota Education Association;
(7)One representative of the School Administrators of South Dakota; and
(8)One representative of the Associated School Boards of South Dakota.
Source:
SL 2010, ch 94, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-67 - Expedited issuance of teaching certificate for military personnel and spouses--Requirements.

13-42-67. Expedited issuance of teaching certificate for military personnel and spouses--Requirements.
Unless there is cause to refuse to issue the certificate pursuant to §§13-42-9 and 13-42-10, the secretary shall, within thirty days of receiving a completed application, issue a teaching certificate to an applicant whose application has been deemed completed by the Department of Education and:
(1)Who holds in good standing a valid certificate issued by another state or the District of Columbia;
(2)Who is an active duty member of the armed forces of the United States or the spouse of an active duty member of the armed forces of the United States; and
(3)Who is the subject of a military transfer to South Dakota.
An application is considered complete once the department has received all required documentation necessary to process the application. No applicant for a certificate issued pursuant to this section is required to pay an application fee or any other fee payable to the department.
If the secretary denies the issuance of a certificate to an applicant pursuant to this section, the secretary shall report the denial and the reasons for the denial to the Department of Labor and Regulation.
Source: SL 2013, ch 170, §6; SL 2019, ch 167, §7; SL 2022, ch 44, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-68 - Temporary certificate for spouses of military personnel.

13-42-68. Temporary certificate for spouses of military personnel.
If the secretary is unable to complete the review of the documentation required by the applicant or make a final determination regarding substantial equivalency within thirty days of the receipt of a completed application, the secretary shall issue a temporary certificate, if the applicant otherwise meets the qualifications set forth in §13-42-67.
Source:
SL 2013, ch 170, §7.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-69 - Duration of expedited certificate.

13-42-69. Duration of expedited certificate.
Any certificate issued pursuant to §13-42-67 shall be limited for a period not to exceed the applicant's length of tour during the time the holder of the certificate continues to meet the eligibility requirements of §13-42-67. Nothing in this section prohibits the secretary from suspending or revoking the certificate for failure to fulfill the requirements of §13-42-67.
Source:
SL 2013, ch 170, §8; SL 2019, ch 167, §8.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-70 - Evaluation records and documents not open to inspection or copying.

13-42-70. Evaluation records and documents not open to inspection or copying.
Any record or document, regardless of physical form, created by a public school, public school district, or any other school in connection with the evaluation of an individual teacher, principal, or other school employee constitutes personnel information and is not open to inspection or copying pursuant to subdivision 1-27-1.5(7).
Source:
SL 2014, ch 94, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-71 - Suicide awareness and prevention training requirements.

13-42-71. Suicide awareness and prevention training requirements.
The South Dakota Board of Education Standards shall promulgate rules, pursuant to chapter 1-26, to include a minimum of one hour of suicide awareness and prevention training as a requirement that an applicant must meet in order to be issued an initial certificate and a renewal certificate as a teacher, administrator, or other educational professional. The board shall, after consultation with suicide prevention or counseling experts, identify evidence-based resources that will fulfill the suicide awareness and prevention training requirement and shall make the list of the resources available to school districts. The training required may be accomplished through self-review of suicide prevention materials that meet the guidelines developed by the board. The requirement for suicide awareness and prevention training for initial certification or to renew a certificate begins after July 1, 2017.
Source:
SL 2016, ch 94, §1; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-72 - Immunity from liability regarding suicide awareness and prevention training.

13-42-72. Immunity from liability regarding suicide awareness and prevention training.
There is no cause of action for any loss or damage caused by any act or omission resulting from the implementation of the provisions of §13-42-71 or resulting from any training, or lack of training, required by §13-42-71 unless the loss or damage was caused by willful or wanton misconduct. The training, or lack of training, required by the provisions of §13-42-71 may not be construed to impose any specific duty of care.
Source:
SL 2016, ch 94, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-1 - Employment of school board member in same district prohibited.

13-43-1. Employment of school board member in same district prohibited.
No person employed to teach or to draw public money as a teacher may serve as a board member in the same school district.
Source:
SDC 1939, §15.3805; SL 1955, ch 41, ch 16, §14; SL 1959, ch 74; SDC Supp 1960, §15.3814; SL 1975, ch 128, §301.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-4 - Written contract required--Execution.

13-43-4. Written contract required--Execution.
A teacher shall be employed only upon written contract signed by the teacher and by the president of the school board and business manager of the school district.
Source:
SDC 1939, §15.3801; SL 1939, ch 49; SL 1955, ch 41, ch 16, §8; SDC Supp 1960, §15.3808; SL 1975, ch 128, §305.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-5 - Certificate required before contract signed--Exception when academic training being completed.

13-43-5. Certificate required before contract signed--Exception when academic training being completed.
A teacher may sign a contract only upon exhibition of a valid certificate to teach the courses and grades in the school contemplated under the contract and to qualify the school for accreditation. A person is eligible to sign a contract if the person is completing academic training which would qualify the person for issuance or renewal of a teaching certificate. However, if a certificate is not issued prior to the time for performance of the contract, the contract is thereafter void. Prior to making payment under the contract, the validity of the certificate shall be verified through the Department of Education's public online certification database.
Source:
SDC 1939, §15.3801; SL 1939, ch 49; SL 1955, ch 41, ch 16, §8; SDC Supp 1960, §15.3808; SL 1970, ch 96, §1; SL 1975, ch 128, §306; SL 1985, ch 129, §19; SL 1986, ch 122, §§1, 19; SL 1989, ch 153, §7; SL 2010, ch 95, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-5.1 - Employment of person with revoked or suspended certificate prohibited.

13-43-5.1. Employment of person with revoked or suspended certificate prohibited.
No public school board or other accredited school may employ a person whose certificate as defined in §13-42-1 is revoked or during the term of a suspension. A revocation or suspension for purposes of this section includes a refusal to issue or renew a certificate.
Source:
SL 2001, ch 88, §1; SL 2015, ch 98, §18.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-6 - Contents of contract of employment--Distribution of copies--Duration.

13-43-6. Contents of contract of employment--Distribution of copies--Duration.
The contract shall specify the date at or about which the school shall begin, the term of employment, the wages per month, and the time of payment thereof; such contract shall be signed in duplicate and one copy filed in the office of the business manager and the other retained by the teacher. Such contract may be issued covering any period of years, not to exceed three, over which a teacher holds a certificate which will remain valid without renewal.
Source:
SDC 1939, §15.3801; SL 1939, ch 49; SL 1955, ch 41, ch 16, §8; SDC Supp 1960, §15.3808; SL 1975, ch 128, §307.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-6.1 - Just cause for termination or nonrenewal of teacher.

13-43-6.1. Just cause for termination or nonrenewal of teacher.
A teacher may be terminated, by the school board, at any time for just cause, including breach of contract, poor performance, incompetency, gross immorality, unprofessional conduct, insubordination, neglect of duty, or the violation of any policy or regulation of the school district. A school district may nonrenew a teacher who is in or beyond the fourth consecutive term of employment as a teacher with the school district pursuant to §13-43-6.3 for just cause, including breach of contract, poor performance, incompetency, gross immorality, unprofessional conduct, insubordination, neglect of duty, or the violation of any policy or regulation of the school district.
Source:
SL 1995, ch 87, §75A; SL 1996, ch 128, §1; SL 2005, ch 107, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-6.2 - Written notice of intention to recommend nonrenewal--Opportunity for hearing--Time limitations.

13-43-6.2. Written notice of intention to recommend nonrenewal--Opportunity for hearing--Time limitations.
If nonrenewal of a teacher is contemplated under §13-43-6.1, the superintendent or chief executive officer shall give written notice of an intention to recommend nonrenewal to the teacher and the school board; a written statement of the reasons for the recommendation; access to the employment records of the teacher; the opportunity to the teacher for a hearing before the school board to present reasons in person or in writing why the nonrenewal should not occur; and the opportunity to be represented. The teacher shall request the hearing as provided in §13-43-6.9. The school board shall conduct the hearing not sooner than fourteen days, nor later than forty-five days, after receipt of the teacher's request for hearing. The parties may waive the time limitations provided for in this section.
Source:
SL 1995, ch 87, §75B; SL 1999, ch 93, §1; SL 2005, ch 107, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-6.3 - Nonrenewal of teacher's contract.

13-43-6.3. Nonrenewal of teacher's contract.
Until a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district, a school board may or may not renew the teacher's contract. The superintendent or chief executive officer shall give written notice of nonrenewal by April fifteenth but is not required to give further process or a reason for nonrenewal.
After a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district, §§13-43-6.1 and 13-43-6.2 apply to any nonrenewal of the teacher's contract. On or before April fifteenth, the superintendent or chief executive officer shall notify the teacher and the school board in writing of the recommendation to not renew the teacher's contract.
Acceptance by the teacher of an offer from the district to enter into a new contract with the teacher shall be in the manner specified in the offer. Failure of the teacher to accept the offer in the manner specified constitutes the termination of the existing contract between the teacher and the district at the end of its term.
Source:
SL 1995, ch 87, §75C; SL 1996, ch 128, §2; SL 1998, ch 100, §1; SL 1999, ch 94, §1; SL 2005, ch 107, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-6.4 - Nonrenewal due to staff reduction.

13-43-6.4. Nonrenewal due to staff reduction.
Notwithstanding §§13-43-6.1 to 13-43-6.3, inclusive, if a teacher's contract is not renewed due to a reduction in staff, only written notice is required, which shall be provided by the school board to the teacher by April fifteenth.
Source:
SL 1995, ch 87, §75D.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-6.5 - Termination not caused by amount of compensation.

13-43-6.5. Termination not caused by amount of compensation.
A teacher's employment may not be terminated because of the amount of the teacher's compensation.
Source:
SL 1995, ch 87, §75E.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-6.6 - Right to termination on statutory grounds not limited by collective bargaining agreement--Protection of teacher not limited.

13-43-6.6. Right to termination on statutory grounds not limited by collective bargaining agreement--Protection of teacher not limited.
Although a collective bargaining agreement between a district and its teachers may set forth specific additional grounds for termination or set forth provisions as to the procedure or notice, no agreement may limit the district's right to terminate a teacher for the grounds set forth in §§13-43-6.1 to 13-43-6.3, inclusive. No agreement may limit the protection afforded to a teacher under §13-43-6.5.
Source:
SL 1995, ch 87, §75F.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-6.7 - Written notice of recommendation for termination--Content--Hearing--Action.

13-43-6.7. Written notice of recommendation for termination--Content--Hearing--Action.
If termination of a teacher is contemplated under §13-43-6.1, written notice of a recommendation for termination shall be presented to the teacher and the school board by the superintendent or chief executive officer. The recommendation shall state the reason or reasons upon which the recommendation is based, and the effective date of the recommended termination.
In addition, the notice shall identify the following rights:
(1)Access to the teacher's employment records;
(2)Upon request, a hearing before the school board to present reasons in person or in writing why the termination should not occur; and
(3)The right to be represented at the hearing at the teacher's cost.
The school board shall conduct the hearing, no sooner than fourteen days, and no later than forty-five days, after receipt of the written request for a hearing. The parties may waive these time limitations. If no hearing is requested by the teacher within the time and manner provided in §13-43-6.9, the right to a hearing shall be deemed waived by the teacher; and the school board shall thereafter act on the recommendation without further notice or hearing.
Source:
SL 2005, ch 107, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-6.8 - Evidence of delivery of notification of intention to recommend nonrenewal or termination.

13-43-6.8. Evidence of delivery of notification of intention to recommend nonrenewal or termination.
Delivery of any notification to the teacher pursuant to §13-43-6.2 or 13-43-6.7 shall be established by certified mail with return receipt signed by the teacher, personal delivery evidenced by a receipt signed by the teacher, or affidavit of personal service made by a person authorized to effect personal service.
Source:
SL 2005, ch 107, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-6.9 - Evidence of delivery of written request for a hearing.

13-43-6.9. Evidence of delivery of written request for a hearing.
Delivery of a written request for a hearing provided by §13-43-6.2 or 13-43-6.7 shall be established by certified mail with return receipt signed by the superintendent, chief executive officer, or board member, or a person authorized to accept certified mail for the district, or personal delivery evidenced by a receipt signed by the superintendent, chief executive officer, or board member, or an affidavit of personal service upon the district made by a person authorized to effect personal service no later than fifteen days after receipt of the notice by the teacher.
Source:
SL 2005, ch 107, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-15.1 - Right of employee to run for office.

13-43-15.1. Right of employee to run for office.
No employee of a public school shall lose his job or status on the job for becoming a candidate for any public office if it does not entail neglect of duty.
Source:
SL 1973, ch 111; SL 1975, ch 128, §314.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-16 - Declaration of teaching as profession--Persons included.

13-43-16. Declaration of teaching as profession--Persons included.
The Legislature of the State of South Dakota declares teaching to be a profession. It is declared to be in the interest of the state that the profession be recognized and that the profession accept its responsibilities in the development and promotion of standards of ethics, conduct, performance, preparation, and practices. For the purpose of §§13-43-16 to 13-43-28.1, inclusive, the teaching profession includes each person certificated by the secretary as a teacher, administrator, and other educational professional, as defined by §13-42-1, employed by a public school or other accredited school.
Source:
SL 1969, ch 62, §1; SL 1970, ch 104, §1; SL 1979, ch 123, §1; SL 1985, ch 139, §1; SL 1991, ch 20, §§17, 18; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2015, ch 98, §19.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-17 - Professional Teachers Practices and Standards Commission created--Number and qualifications of members.

13-43-17. Professional Teachers Practices and Standards Commission created--Number and qualifications of members.
There is hereby created the South Dakota Professional Teachers Practices and Standards Commission, which shall consist of seven members:
(1)Six representative members who are employed as full-time teachers, at least four of whom shall be classroom teachers. None of the six representatives may be school administrators; and
(2)One representative from the general public who is neither teacher nor school board member and who is a parent of a pupil attending an approved twelve-year program of education.
Source:
SL 1969, ch 62, §2 (a) to (d); SL 1971, ch 127, §1; SL 1974, ch 137, §1; SL 1979, ch 356, §8; SL 1985, ch 139, §2; SL 1994, ch 132, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-17.1 - Operation within department--Functions--Submission of records and reports.

13-43-17.1. Operation within department--Functions--Submission of records and reports.
The Professional Teachers Practices and Standards Commission shall operate within the Department of Education, and shall retain all its prescribed functions, including administrative functions. The commission shall submit such records, information, and reports in the form and at such times as required by the secretary of education, except that the commission shall report at least annually.
Source:
SL 1973, ch 2, §242 (b); SL 1974, ch 137, §2; SL 1975, ch 128, §315; SL 1994, ch 132, §3; SL 2004, ch 17, §31; SL 2010, ch 77, §22.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-18 - Appointment of members of Professional Teachers Practices and Standards Commission--Terms.

13-43-18. Appointment of members of Professional Teachers Practices and Standards Commission--Terms.
The members of the Professional Teachers Practices and Standards Commission shall be appointed by the Governor in a manner to be designated by the Governor. The terms of no more than three members may expire in any one year. The terms of all members are three years and shall terminate on December thirty-one or when a successor is appointed and qualified. No member of the commission may serve more than two consecutive terms, and subsequent appointments to the commission shall be made in a manner to be designated by the Governor.
Source:
SL 1969, ch 62, §2(e), (f); SL 1971, ch 127, §7; SL 1974, ch 137, §3; SL 1980, ch 137; SL 1987, ch 145; SL 1994, ch 132, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-19 - Vacancies on Professional Teachers Practices and Standards Commission--Removal of members.

13-43-19. Vacancies on Professional Teachers Practices and Standards Commission--Removal of members.
Vacancies on the Professional Teachers Practices and Standards Commission shall be filled by the Governor for the balance of any unexpired term. Members may be removed by the Governor for cause.
Source:
SL 1969, ch 62, §2 (g), (h); SL 1994, ch 132, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-20 - Election of officers of Professional Teachers Practices and Standards Commission--Adoption of rules.

13-43-20. Election of officers of Professional Teachers Practices and Standards Commission--Adoption of rules.
The Professional Teachers Practices and Standards Commission shall elect from its membership a chairperson, a vice chairperson, and other such officers as the commission determines and shall adopt rules to govern its proceedings.
Source:
SL 1969, ch 62, §2 (i); SL 1975, ch 128, §316; SL 1979, ch 123, §2; SL 1994, ch 132, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-20.1 - Appointment of executive secretary to commission--Employees.

13-43-20.1. Appointment of executive secretary to commission--Employees.
The Professional Teachers Practices and Standards Commission may appoint an executive secretary and employ persons to provide such service as the commission may require.
Source:
SL 1974, ch 137, §4; SL 1994, ch 132, §7.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-21 - Meetings of Professional Teachers Practices and Standards Commission.

13-43-21. Meetings of Professional Teachers Practices and Standards Commission.
The Professional Teachers Practices and Standards Commission shall meet on call of the chairperson who, however, shall call a meeting upon request of four of the members.
Source:
SL 1969, ch 62, §2 (j); SL 1975, ch 128, §317; SL 1994, ch 132, §8.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-23 - Expenses of Professional Teachers Practices and Standards Commission or Professional Administrators Practices and Standards Commission.

13-43-23. Expenses of Professional Teachers Practices and Standards Commission or Professional Administrators Practices and Standards Commission.
Any expense incurred by the Professional Teachers Practices and Standards Commission or the Professional Administrators Practices and Standards Commission in administering the provisions of §§13-43-16 to 13-43-49, inclusive, shall be paid from the state institute fund. However, the annual expenses are limited to an amount not to exceed two-thirds of the annual amount collected for certification fees. Nothing in this section is intended to limit the ability to assess costs pursuant to §13-42-17.2.
Source:
SL 1969, ch 62, §9; SL 1970, ch 104, §8; SL 1971, ch 127, §2; SL 1994, ch 132, §9; SL 2015, ch 98, §20.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-25 - Rules of Professional Teachers Practices and Standards Commission--Code of ethics--Recommendations to boards.

13-43-25. Rules of Professional Teachers Practices and Standards Commission--Code of ethics--Recommendations to boards.
The Professional Teachers Practices and Standards Commission shall promulgate rules pursuant to chapter 1-26, to carry out the provisions of §§13-43-16 to 13-43-28.1, inclusive.
The commission shall adopt a code of professional ethics for the teaching profession in this state.
The commission may make any recommendation to the South Dakota Board of Education Standards or to school boards which will promote an improvement in the teaching profession.
Source:
SL 1969, ch 62, §4; SL 1970, ch 104, §3; SL 1974, ch 137, §5; SL 1975, ch 128, §318; SL 1979, ch 123, §3; SL 1994, ch 132, §10; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-28 - Reprimand or disciplinary action for teacher misconduct--Procedure.

13-43-28. Reprimand or disciplinary action for teacher misconduct--Procedure.
After notice and hearing as a contested case under the provisions of chapter 1-26, if the Professional Teachers Practices and Standards Commission determines that a certificate holder has engaged in conduct referenced in §13-42-9 or 13-42-10, the commission may issue a public or private reprimand or impose other appropriate disciplinary action which is in the best interests of the commission, the certificate holder, and the public. The commission does not have the authority to deny, not renew, suspend, or revoke a certificate.
The commission has the powers conferred by §§1-26-19.1 and 1-26-19.2 and the certificate holder and the certificate holder's attorney also have available the provisions of those sections. The commission may promulgate rules, pursuant to chapter 1-26, to further define other appropriate disciplinary action referenced in this section. Any member reprimanded or disciplined by the commission pursuant to this section may appeal to circuit court as provided by chapter 1-26.
Source:
SL 1969, ch 62, §8 (a); SL 1970, ch 104, §7; SL 1974, ch 137, §7; SL 1975, ch 140; SL 1994, ch 132, §12; SL 2015, ch 98, §21.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-28.1 - Complaint requesting revocation or suspension of certificate--Procedure--Decision--Appeal.

13-43-28.1. Complaint requesting revocation or suspension of certificate--Procedure--Decision--Appeal.
If the Professional Teachers Practices and Standards Commission determines that proceedings to revoke or suspend the certificate should be instituted, the commission shall file a written complaint, findings of fact and conclusions of law, and the hearing record with the secretary and serve a copy of the complaint and findings and conclusions upon the parties before the commission. The commission's complaint shall specify the nature and character of the charges. The commission may impose discipline pursuant to §13-43-28 and file a complaint pursuant to this section.
The secretary may base the revocation or suspension decision solely upon review of the commission's hearing record or may require additional evidence by affidavit, document, or testimony upon the secretary's own motion or upon the request of any party before the commission. The commission's determination to institute proceedings seeking revocation or suspension of a certificate pursuant to this section is not a final agency action and may not be appealed to court. The final decision of the secretary may be appealed to circuit court as provided in §13-42-16.
Source:
SDCL §13-43-28 as added by SL 1975, ch 140; SL 1988, ch 152; SL 1991, ch 20, §§17, 18; SL 1994, ch 132, §13; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2015, ch 98, §22.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-38 - Professional administrators practices and standards commission--Creation--Number and qualifications of members.

13-43-38. Professional administrators practices and standards commission--Creation--Number and qualifications of members.
There is hereby created the South Dakota Professional Administrators Practices and Standards Commission, which shall consist of seven members, as follows:
(1)Five representative members who are employed as full-time administrators: two who are principals, two who are chief administrators of school districts offering an accredited twelve-year program of education, and one who is employed in an administrative capacity other than previously listed;
(2)One representative who is a school board member; and
(3)One representative from the general public who is neither an administrator nor a school board member and who is a parent of a pupil attending an approved twelve-year program of education.
Source:
SL 1985, ch 139, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-39 - Operation within department--Functions--Submission of records and reports.

13-43-39. Operation within department--Functions--Submission of records and reports.
The Professional Administrators Practices and Standards Commission shall operate within the Department of Education and shall retain all its prescribed functions, including administrative functions. The commission shall submit such records, information and reports in such form and at such times as required by the South Dakota Board of Education Standards, except that the commission shall report at least annually.
Source:
SL 1985, ch 139, §4; SL 2010, ch 77, §23; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-40 - Appointment of commission members--Terms.

13-43-40. Appointment of commission members--Terms.
The members of the Professional Administrators Practices and Standards Commission shall be appointed by the Governor in a manner to be designated by the Governor. The terms of no more than five members may expire in any one year. The terms of all members shall be three years and shall terminate on December thirty-first or when a successor is appointed and qualified. No member of the commission may succeed himself more than once and subsequent appointments to the commission shall be made in a manner to be designated by the Governor.
Source:
SL 1985, ch 139, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-41 - Vacancies--Removal of members.

13-43-41. Vacancies--Removal of members.
Vacancies on the Professional Administrators Practices and Standards Commission shall be filled by the Governor for the balance of any unexpired term. Members may be removed by the Governor for cause.
Source:
SL 1985, ch 139, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-42 - Election of officers--Adoption of rules.

13-43-42. Election of officers--Adoption of rules.
The Professional Administrators Practices and Standards Commission shall elect from its membership a chairperson, a vice chairperson and other such officers as the commission shall determine and shall adopt rules to govern its proceedings.
Source:
SL 1985, ch 139, §7.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-43 - Appointment of executive secretary--Employees.

13-43-43. Appointment of executive secretary--Employees.
The Professional Administrators Practices and Standards Commission may appoint an executive secretary and employ persons to provide such service as the commission may require.
Source:
SL 1985, ch 139, §8.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 43 - Employment Of Teachers › Section 13-43-45 - Adoption of rules and code of professional ethics--Recommendations to boards.

13-43-45. Adoption of rules and code of professional ethics--Recommendations to boards.
The Professional Administrators Practices and Standards Commission may adopt rules in accordance with the provisions of chapter 1-26, to carry out the provisions of §§13-43-38 to 13-43-49, inclusive.
The commission shall adopt a code of professional ethics for the administrator's profession in this state.
The commission may make any recommendation to the South Dakota Board of Education Standards or to school boards which will promote an improvement in the administrator's profession.
Source:
SL 1985, ch 139, §10; SL 2017, ch 81, §57.