24:08:01:01. Meaning of terms. Terms used in this article mean:
(1) "Code of professional ethics," the code of professional ethics set forth in chapter 24:08:03;
(2) "Commission," the South Dakota Professional Teachers Practices and Standards Commission;
(3) "Complainant," a person, group of persons, organization, or association who files a complaint with the commission;
(4) "Complaint," an alleged violation of the code of professional ethics;
(5) "Teacher," a person charged with responsibility in the field of education and certified by the secretary of the Department of Education as a teacher or other specialist employed or contracted to provide services in an educational setting;
(6) "Respondent," a person against whom a complaint is filed;
(7) "Education specialist," a person with specialized training or licensure, not serving as a classroom teacher, but employed or contracted to provide services in an educational setting;
(8) "Noncertified educator," a person charged with responsibility in the field of education who is not certified by the secretary of the Department of Education as a teacher, administrator, or other education specialist, but who is employed or contracted to provide services in an educational setting; and
(9) "NASDTEC clearinghouse," a database maintained by the National Association of State Directors of Teacher Education and Certification that contains information concerning actions on certificates, licenses, or other credentials as provided by SDCL 13-42-1, 13-42-28, and 13-42-29, which authorize persons to provide services in the field of education.
Source: 2 SDR 40, effective December 9, 1975; 3 SDR 90, effective June 30, 1977; 8 SDR 35, effective October 7, 1981; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 15 SDR 193, effective April 27, 1989; 20 SDR 92, effective December 21, 1993; SL 1995, ch 86, § 4A, effective July 1, 1995; 27 SDR 141, effective July 3, 2001; 31 SDR 89, effective December 29, 2004; 40 SDR 102, effective December 4, 2013.
General Authority: SDCL 13-3-69(7), 13-42-3, 13-42-33, 13-43-25.
Law Implemented: SDCL 13-43-25.
CHAPTER 24:08:02
ORGANIZATION AND OPERATION
Section
24:08:02:01 Officers of the commission.
24:08:02:02 Duties of the chairperson.
24:08:02:03 Duties of the vice chairperson.
24:08:02:04 Duties of the executive secretary.
24:08:02:05 Repealed.
24:08:02:06 Quorum for conducting business -- Majority vote needed.
24:08:02:07 Regular meetings -- Time and place.
24:08:02:08 Special meetings -- How called and place.
24:08:02:09 Notice of meetings.
24:08:02:10 Repealed.
24:08:02:11 Removal of elected officers.
24:08:02:01. Officers of the commission. The commission shall at its first meeting after January first of each year elect a chairperson and vice chairperson. The commission may appoint an executive secretary who shall not be a voting member of the commission.
Source: 2 SDR 40, effective December 9, 1975; 8 SDR 35, effective October 7, 1981; 11 SDR 96, 11 SDR 112, effective July 1, 1985.
General Authority: SDCL 13-43-20, 13-43-25.
Law Implemented: SDCL 13-43-20.
24:08:02:02. Duties of the chairperson. The chairperson shall preside at all meetings of the commission. In accordance with the rules of the commission, the chairperson shall supervise all business and affairs of the commission. The chairperson shall sign such instruments as the commission has authorized to be executed.
Source: 2 SDR 40, effective December 9, 1971; 11 SDR 96, 11 SDR 112, effective July 1, 1985.
General Authority: SDCL 13-43-20, 13-43-25.
Law Implemented: SDCL 13-43-20.
24:08:02:03. Duties of the vice chairperson. During the absence of the chairperson the vice chairperson shall perform the duties of the chairperson. In the event of the chairperson's inability or refusal to act, the vice chairperson shall perform the duties of the chairperson when so authorized by the commission.
Source: 2 SDR 40, effective December 9, 1975; 11 SDR 96, 11 SDR 112, effective July 1, 1985.
General Authority: SDCL 13-43-20, 13-43-25.
Law Implemented: SDCL 13-43-20.
24:08:02:04. Duties of the executive secretary. The executive secretary when appointed shall keep accurate minutes of all meetings of the commission and maintain all the records necessary to operate and administer the business of the commission.
Source: 2 SDR 40, effective December 9, 1975; 11 SDR 96, 11 SDR 112, effective July 1, 1985.
General Authority: SDCL 13-43-20, 13-43-25.
Law Implemented: SDCL 13-43-20.1.
Cross-Reference: Minutes to be filed with auditor general, SDCL 1-25-3.
24:08:02:05. Employees of the commission.Repealed.
Source: 2 SDR 40, effective December 9, 1975; repealed, 8 SDR 35, effective October 7, 1981.
24:08:02:06. Quorum for conducting business -- Majority vote needed. A majority of the members of the commission shall constitute a quorum for the transaction of business. An affirmative vote of a majority of the members of the commission shall be required to pass motions and adopt resolutions.
Source: 2 SDR 40, effective December 9, 1975; 11 SDR 96, 11 SDR 112, effective July 1, 1985.
General Authority: SDCL 13-43-20, 13-43-25.
Law Implemented: SDCL 13-43-25.
24:08:02:07. Regular meetings -- Time and place. A regular annual meeting of the commission shall be held at Pierre, South Dakota, at the time established at the organizational meeting of the commission.
Source: 2 SDR 40, effective December 9, 1975; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 30 SDR 63, effective November 9, 2003.
24:08:02:08. Special meetings -- How called and place. All meetings other than regular annual meetings are special meetings. Special meetings may be held as often as is necessary to conduct the business of the commission. Special meetings may be held at locations in South Dakota other than Pierre. Special meetings shall be called as provided in SDCL 13-43-21.
Source: 2 SDR 40, effective December 9, 1975; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 30 SDR 63, effective November 9, 2003.
General Authority: SDCL 13-43-20, 13-43-25.
Law Implemented: SDCL 13-43-21.
24:08:02:09. Notice of meetings. A written notice shall be sent to all members at least five days before a regular or special meeting. A copy of the proposed agenda and other pertinent information shall be sent with the notice. Emergency special meetings may be called by telephone notice. The notice shall state the purpose and shall be given at least 24 hours before the time set for the meeting.
Source: 2 SDR 40, effective December 9, 1975; 8 SDR 35, effective October 7, 1981; 11 SDR 96, 11 SDR 112, effective July 1, 1985.
24:08:02:10. Conduct of business.Repealed.
Source: 2 SDR 40, effective December 9, 1975; repealed, 11 SDR 96, 11 SDR 112, effective July 1, 1985.
24:08:02:11. Removal of elected officers. The commission may remove an elected officer of the commission by a two-thirds affirmative vote of the total membership of the commission. This action shall not terminate membership on the commission.
Source: 2 SDR 40, effective December 9, 1975; 8 SDR 35, effective October 7, 1981; 11 SDR 96, 11 SDR 112, effective July 1, 1985.
General Authority: SDCL 13-43-20, 13-43-25.
Law Implemented: SDCL 13-43-20.
CHAPTER 24:08:03
CODE OF PROFESSIONAL ETHICS
Section
24:08:03:01 Obligations to students.
24:08:03:02 Obligations to the public.
24:08:03:03 Obligations to the profession.
24:08:03:04 Transferred.
24:08:03:01. Obligations
to students. In fulfilling their obligations to the students, educators
shall act as follows:
(1) Not, without just
cause, restrain students from independent action in their pursuit of learning;
(2) Not, without just
cause, deny to the students access to varying points of view in the classroom;
(3) Present subject matter
for which they bear responsibility without deliberate suppression or
distortion;
(4) Make a reasonable
effort to maintain discipline and order in the classroom and the school system
to protect the students from conditions harmful to learning, physical and
emotional well-being, health, and safety;
(5) Conduct professional
business in such a way that they do not expose the students to unnecessary
intimidation, embarrassment, or disparagement;
(6) Accord just and
equitable treatment to every student, regardless of race, color, creed, sex,
sexual preference, age, marital status, handicapping condition, national
origin, or ethnic background;
(7) Maintain professional
relationships with students without exploitation of a student for personal gain
or advantage;
(8) Keep in confidence
information that has been obtained in the course of professional service,
unless disclosure serves professional purposes or is required by law;
(9) Maintain professional
relationships with students in a manner which is free of vindictiveness,
recrimination, and harassment;
(10) Not engage in or be a
party to any sexual activity with students including sexual intercourse, sexual
contact, sexual photography, or illicit sexual communication.
Source:
2 SDR 40, effective December 9, 1975; 8 SDR 35, effective October 7, 1981; 11
SDR 96, 11 SDR 112, effective July 1, 1985; 13 SDR 3, effective July 22, 1986;
20 SDR 92, effective December 21, 1993; 27 SDR 141, effective July 3, 2001; 37
SDR 18, effective August 18, 2010.
General
Authority: SDCL 13-43-25.
Law
Implemented: SDCL 13-43-25.
24:08:03:02. Obligations
to the public. In fulfilling their obligations to the public, educators
shall act as follows:
(1) Take precautions to
distinguish between their personal views and those of the local school district
or governing body;
(2) Not knowingly distort
or misrepresent the facts concerning educational matters in direct and indirect
public expressions;
(3) Not interfere with a
colleague's exercise of political and citizenship rights and responsibilities;
(4) Not exploit the local school
district or governing body for public or personal gain;
(5) Not exploit the local
school district or governing body to promote political candidates or partisan
political activities;
(6) Neither accept nor
offer any gratuities, gifts, services, or things of value that impair
professional judgment, offer special advantage, or provide personal benefit;
(7) Engage in no act that
results in a conviction;
(8) Exemplify high moral
standards by not engaging in or becoming a party to such activities as fraud,
embezzlement, theft, deceit, moral turpitude, gross immorality, sexual contact
with students, illegal drugs, or use of misleading or false statements; and
(9) Not misuse or abuse
school equipment or property.
Source:
2 SDR 40, effective December 9, 1975; 11 SDR 96, 11 SDR 112, effective July 1,
1985; 13 SDR 3, effective July 22, 1986; 20 SDR 92, effective December 21,
1993; 27 SDR 141, effective July 3, 2001; 37 SDR 18, effective August 18, 2010.
General
Authority: SDCL 13-43-25.
Law
Implemented: SDCL 13-43-25.
Cross-Reference:
"Moral Turpitude" defined, SDCL 22-1-2; Grounds for revocation or suspension of certificates, SDCL 13-42-9.
24:08:03:03. Obligations to the profession. In fulfilling their obligations to the profession, educators shall act as follows:
(1) Accord just and equitable treatment to all members of the profession in the exercise of their professional rights and responsibilities;
(2) Maintain confidentiality of professional information acquired about colleagues in the course of employment, unless disclosure serves professional purposes;
(3) Discuss professional matters concerning colleagues in a professional manner;
(4) Accept a position or responsibility only on the basis of professional preparation and legal qualifications;
(5) Adhere to the terms of a contract or appointment unless the contract has been altered without the consent of the affected parties, except as provided by law, legally terminated, or legally voided;
(6) Use sound professional judgment in delegating professional responsibilities to others;
(7) Not interfere with the free participation of colleagues in the affairs of their associations;
(8) Not use coercive or threatening means in order to influence professional decisions of colleagues;
(9) Not knowingly misrepresent their professional qualifications;
(10) Not knowingly distort evaluation of colleagues;
(11) Not criticize a colleague before students, except as unavoidably related to an administrative or judicial proceeding;
(12) Cooperate with authorities and the commissions regarding violations of the codes of ethics of the South Dakota Professional Teachers Practices and Standards Commission and the Professional Administrators Practices and Standards Commission;
(13) Perform duties in accordance with local, state, and federal rules and laws.
Source: 2 SDR 40, effective December 9, 1975; 11 SDR 96, 11 SDR 112, effective July 1, 1985; subdivisions (9) and (10) transferred from § 24:08:03:04, 13 SDR 3, effective July 22, 1986; subdivisions (4) and (5) transferred from § 24:08:03:04, 13 SDR 11, effective August 11, 1986; 27 SDR 141, effective July 3, 2001.
General Authority: SDCL 13-43-25.
Law Implemented: SDCL 13-43-25.
24:08:03:04. Transferred to § 24:08:03:03.
CHAPTER 24:08:04
CONTESTED CASE PROCEDURE
(Repealed. 8 SDR 35, effective October 7, 1981)
CHAPTER 24:08:04.01
COMPLAINT PROCEDURE
Section
24:08:04.01:01 Procedure for filing a complaint.
24:08:04.01:02 Investigation of complaint -- Notice of initial decision.
24:08:04.01:03 Commission hearing procedure.
24:08:04.01:04 Confidentiality of private hearing.
24:08:04.01:01. Procedure
for filing a complaint. A person alleging a violation of the code of
professional ethics may request, either orally or in writing, a complaint form
from the executive secretary of the Professional Teachers Practices and
Standards Commission. Within ten days after notice to the executive secretary,
the executive secretary shall provide to the person bringing the complaint a
copy of the code of professional ethics and a form provided by the commission
for the purpose of filing a formal written complaint. The formal written
complaint shall identify the sections of the code of professional ethics
alleged to be violated, the name and position of the individual involved, and
local efforts to resolve the problem. Charges of violations of the code of
ethics must be based on violations that have occurred within the three years
previous to the receipt of the formal written complaint by the executive
secretary of the commission.
Source:
8 SDR 35, effective October 7, 1981; 11 SDR 96, 11 SDR 112, effective July 1,
1985; 13 SDR 3, effective July 22, 1986; 15 SDR 193, effective April 27, 1989;
27 SDR 141, effective July 3, 2001; 37 SDR 18, effective August 18, 2010.
General
Authority: SDCL 13-43-20, 13-43-25.
Law
Implemented: SDCL 13-43-28.
24:08:04.01:02. Investigation of complaint -- Notice of initial decision. If a complaint has been filed, the commission shall send a copy of the complaint to the respondent. If the commission decides to conduct an informal investigation, the commission shall give notice of the investigation to the complainant or complainants and the respondent. Based upon the report of the investigators and the complaint, the commission shall decide whether a formal hearing will be conducted. The commission shall notify the complainant or complainants, the respondent, and the superintendent of the local school district or the chief administrator of the local governing body of the decision.
Source: 8 SDR 35, effective October 7, 1981; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 13 SDR 3, effective July 22, 1986; 27 SDR 141, effective July 3, 2001.
General Authority: SDCL 13-43-20, 13-43-25.
Law Implemented: SDCL 13-43-28.
24:08:04.01:03. Commission hearing procedure. Formal hearings shall be conducted pursuant to contested case procedure in SDCL 1-26. The commission shall establish the time of the hearing. The commission shall hold the hearing as soon as possible, but no sooner than 30 days after notice of the decision to conduct a hearing. All hearings shall be held in Pierre unless the commission designates otherwise. Evidence relevant to current charges in the complaint from up to five years prior to the filing of the written complaint may be introduced at the hearing. Evidence relevant to the current charges that exceeds the five years may be considered at the discretion of the commission. The respondent may choose whether the hearing is to be private or public.
Source: 8 SDR 35, effective October 7, 1981; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 13 SDR 3, effective July 22, 1986; 27 SDR 141, effective July 3, 2001.
General Authority: SDCL 13-43-20, 13-43-25.
Law Implemented: SDCL 13-43-28.
24:08:04.01:04. Confidentiality of private hearing. If the formal hearing is private, the findings of fact, conclusions of law, and decision of the commission are confidential and may be released only to the complainant or complainants and the respondent. However, at the discretion of the commission, the information may be released to the members of the appropriate governing body and the secretary of the Department of Education to be placed on the NASDTEC clearinghouse and to remain in the department's permanent certification file. This section does not limit the commission's ability to issue a public reprimand.
Source: 13 SDR 3, effective July 22, 1986; 15 SDR 193, effective April 27, 1989; 27 SDR 141, effective July 3, 2001; 31 SDR 89, effective December 29, 2004.
General Authority: SDCL 13-43-20, 13-43-25.
Law Implemented: SDCL 13-43-28.
CHAPTER 24:08:05
EVALUATION OF EDUCATORS
Editor's Note:Statutory authority for the rules in this chapter was repealed by SL 1995, ch 87, § 77, effective July 1, 1995, therefore these rules are void according to SDCL 1-26-8.1.
CHAPTER 24:08:06
TEACHER PERFORMANCE STANDARDS
Section
24:08:06:01 Teacher performance standards, Transferred.
24:08:06:01. Transferred to § 24:57:02:01.
