CHAPTER 24:43:07
WARNING, DENIAL, SUSPENSION, OR REMOVAL OF ACCREDITATION
Section
24:43:07:01 Warnings, denial, suspension, or revocation of accreditation or approval.
24:43:07:02 Denial of application for approval.
24:43:07:03 Warning and plan of corrective action.
24:43:07:04 Suspension or revocation for uncorrected violations.
24:43:07:05 Notice and right to request hearing.
24:43:07:06 Hearing.
24:43:07:07 Final determination.
24:43:07:08 Effect of suspension or revocation on nonpublic entity.
24:43:07:09 Effect of suspension or revocation on public school district.
24:43:07:01. Warnings, denial, suspension, or revocation of accreditation or approval. An adverse action against an application for accredited or approval status, or against a currently-in-effect accreditation or approval may be initiated by the secretary of education for just cause at any time. The adverse action may include a warning, denial, suspension, or revocation of the accredited or approved status. Until a final determination is made according to § 24:43:07:07, the school district or nonpublic entity is designated as "on probation." The change in accredited or approved status is available to the public in department publications and on the department's website.
Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 1-45-13, 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-3-47.
24:43:07:02. Denial of application for approval. The secretary of education shall deny a request for accreditation or approval if, after review, the secretary determines that the applicant does not fully meet the requirements for approval. The secretary shall inform the applicant for accreditation or approval in writing of the secretary's denial of the requested action. The letter shall state the basis for the denial and shall set forth the timelines and process for subsequent applications. The South Dakota Board of Education shall be informed of the denial at its next regularly scheduled meeting.
Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 1-45-13, 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-3-47.
24:43:07:03. Warning and plan of corrective action. An accredited public school district or approved nonpublic entity that is found in violation of a state law or administrative rule required for the accredited or approved status will be issued a letter of warning by the secretary of education. The letter will cite the law or administrative rule or both and state the alleged violation that caused the warning to be issued, and will set forth timelines for submission of a plan of corrective action.
Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 1-45-13, 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-3-47.
24:43:07:04. Suspension or revocation for uncorrected violations. An accredited public school district or approved nonpublic entity that does not present a plan of corrective action that corrects the violation within stated timelines, or that fails to implement a plan of corrective action with stated timelines, shall be recommended to the secretary of education for the status of "on probation" until a final determination is made or until satisfactory evidence of correction of the violation is presented to the Department of Education.
Source: 31 SDR 178, adopted May 24, 2005, effective July 1, 2005.
General Authority: SDCL 1-45-13, 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-3-47.
24:43:07:05. Notice and right to request hearing. The public school board or the nonpublic governance body shall be informed of the recommendation of probationary status by certified letter. The notice shall include the right for the school board or the nonpublic governing body to submit a written request for a hearing within ten days of receipt of the letter. The notice shall specify the basis for the recommendation.
Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 1-26-17, 13-1-12.1.
24:43:07:06. Hearing. If the school board or nonpublic governing body notifies the secretary that it requests a hearing, the secretary shall schedule a time, date, and location for the hearing. The hearing shall be held within 30 days of the department's receipt of the request and shall be conducted in accordance with the contested case hearing procedures set forth in SDCL chapter 1-26.
Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-1-12.1.
24:43:07:07. Final determination. Within 30 days of the hearing or receipt of the transcript of hearing, whichever is later, the hearing examiner shall prepare and serve a proposed decision and findings of fact and conclusions of law on the parties and provide an opportunity for each party to file exceptions and briefs. The final proposed decision and findings of fact and conclusions of law shall be filed with the secretary. The secretary shall issue a final decision and accept, reject, or modify the findings, conclusions, and proposed decision within 30 days of service of same upon the office. Nothing in this section prohibits the secretary from requiring additional evidence within the scope of the notice of hearing. If no request for hearing is timely received, the secretary will make a final determination of suspension, revocation of the accreditation, or approval status within 30 days. The length of the suspension will be set by the secretary and cannot exceed the balance of the current school year. The public school district or the nonpublic entity will be notified in writing by the secretary of the final decision of a contested case within 30 days of the receipt of the transcript and findings from the hearing officer. The South Dakota Board of Education Standards shall be informed of the change in status at its next regularly scheduled meeting. Department publications and the department's website shall indicate the district's or nonpublic entity's suspended or revoked status.
Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 47 SDR 110, effective April 29, 2021.
General Authority: SDCL 13-3-47.
Law Implemented: SDCL 13-3-1.4, 13-3-47.
24:43:07:08. Effect of suspension or revocation on nonpublic entity. If a nonpublic school's approval is suspended or revoked, it shall retain a nonapproved status for the remainder of the school fiscal year or until the secretary determines it has satisfactorily corrected the violation. At the beginning of the next school fiscal year on July 1, the nonpublic school or specialized nonpublic educational program may seek state approval according to §§ 24:43:02:04 and 24:43:02:05. A nonpublic entity that does not seek state approval and continues to offer educational services to compulsory school-age children will become subject to the provisions of § 24:43:02:06 on July 1.
Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-3-47.
24:43:07:09. Effect of suspension or revocation on public school district. All public school districts are required by SDCL 13-13-18 to operate only accredited public schools during the previous school fiscal year to be eligible to receive state aid to education. A public school district that has not regained its state-accredited status will become ineligible to receive state aid to education at the beginning of the next school fiscal year on July 1. If the secretary determines that there is no plan of corrective action in place to correct the violation and restore the district's accreditation, the secretary shall inform the commissioners of the majority county as set forth in SDCL 13-5-14 that the district is subject to loss of authority and the lands are subject to reassignment according to the procedures set forth in SDCL chapter 13-6.
Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
