24:11:01:01. Meaning of terms. Terms used in this article mean:
(1) "Commission," the South Dakota Professional Administrators Practices and Standards Commission;
(2) "Code of professional ethics," the code of professional ethics set forth in chapter 24:11:03;
(3) "Complaint," an alleged violation of the code of professional ethics for administrators;
(4) "Complainant," a person, group of persons, organization, or association who files a complaint with the commission;
(5) "Respondent," an administrator against whom a complaint is filed;
(6) "Authorities," individuals or agencies locally designated to oversee the code;
(7) "Chief administrator," an administrator, including a superintendent or chief executive officer (CEO), solely accountable to the appropriate educational governing board, whose responsibilities encompass the total educational operation of a school or district;
(8) "Administrator," any educational administrator other than the chief administrator or business manager;
(9) "Business manager," an educational administrator responsible for fiscal management;
(10) "Policy," a rule, regulation, or standard enacted by the appropriate educational governing board; and
(11) "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: 14 SDR 50, effective October 1, 1987; SL 1995, ch 86, § 6A, effective July 1, 1995; 27 SDR 141, effective July 3, 2001; 31 SDR 121, effective March 2, 2005; 40 SDR 102, effective December 4, 2013.
General Authority: SDCL 13-3-69(7), 13-43-45.
Law Implemented: SDCL 13-43-45.
CHAPTER 24:11:02
ORGANIZATION AND OPERATION
Section
24:11:02:01 Election of officers.
24:11:02:02 Duties of the chairperson.
24:11:02:03 Duties of the vice chairperson.
24:11:02:04 Duties of the executive secretary.
24:11:02:05 Quorum for conducting business -- Majority vote needed.
24:11:02:06 Notice of meetings.
24:11:02:07 Removal of elected officers.
24:11:02:08 Regular meetings -- Time and place.
24:11:02:09 Special meetings -- How called and place.
24:11:02:02. Duties of the chairperson. The chairperson shall call and preside at all meetings of the commission. The chairperson shall submit for the commission the records, information, and reports required by the South Dakota board of education and shall report for the commission to that board. 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: 14 SDR 50, effective October 1, 1987.
24:11:02:03. 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: 14 SDR 50, effective October 1, 1987.
General Authority: SDCL 13-43-39, 13-43-44.
Law Implemented: SDCL 13-43-42.
24:11:02:04. Duties of the executive secretary. The executive secretary 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. The executive secretary is not a voting member of the commission.
Source: 14 SDR 50, effective October 1, 1987.
General Authority: SDCL 13-43-43.
Law Implemented: SDCL 13-43-43.
24:11:02:05. Quorum for conducting business -- Majority vote needed. A majority of the members of the commission constitutes a quorum for the transaction of business. An affirmative vote of a majority of the members of the commission is required to pass motions and adopt resolutions.
Source: 14 SDR 50, effective October 1, 1987.
General Authority: SDCL 13-43-42.
Law Implemented: SDCL 13-43-42.
24:11:02:06. Notice of meetings. The executive secretary shall send a written notice to all members at least five days before a meeting. A copy of the proposed agenda and other pertinent information shall be sent with the notice. Emergency meetings may be called by telephone notice. The notice of an emergency meeting shall state the purpose and shall be given at least 24 hours before the time set for the meeting.
Source: 14 SDR 50, effective October 1, 1987.
General Authority: SDCL 13-43-43, 13-43-44.
Law Implemented: SDCL 13-43-44.
24:11:02:07. 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 does not terminate the officer's membership on the commission.
Source: 14 SDR 50, effective October 1, 1987.
General Authority: SDCL 13-43-42.
Law Implemented: SDCL 13-43-42.
24:11:02:08. 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: 30 SDR 43, effective October 6, 2003.
General Authority: SDCL 13-43-42, 13-43-45.
Law Implemented: SDCL 13-43-44.
24:11:02:09. Special meetings -- How called and place. All meetings other than the regular annual meeting are special meetings. Special meetings may be held at 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 13-43-44.
Source: 30 SDR 43, effective October 6, 2003.
General Authority: SDCL 13-43-42, 13-43-45.
Law Implemented: SDCL 13-43-44.
CHAPTER 24:11:03
CODE OF PROFESSIONAL ETHICS
Section
24:11:03:01 Code of ethics for professional administrators.
24:11:03:01. Code
of ethics for professional administrators. The professional administrator
shall comply with the following code of ethics:
(1) Make the well-being of
the students the basis of decision making and action;
(2) Enforce and obey local,
state, and national rules and laws in the performance of duties;
(3) Exemplify high moral
standards by not engaging in or becoming a party to such activities as fraud,
embezzlement, deceit, moral turpitude, gross immorality, illegal drugs, or use
of misleading or false statements;
(4) Respect the civil
rights of those with whom the administrator has contact in the performance of
duties;
(5) Interpret, accurately
represent, and implement the policies and administrative regulations of the
appropriate educational governing board;
(6) Distinguish personal
politics, attitudes, and opinions from stated policies of the appropriate
educational governing board;
(7) Fulfill professional
responsibilities with honesty and integrity;
(8) Maintain professional
relationships which are free from vindictiveness, willful intimidation, and
disparagement;
(9) Safeguard confidential
information;
(10) Not allow professional
decisions or actions to be impaired or influenced by personal gain, gifts,
gratuities, favors, and services made or withheld;
(11) Avoid preferential
treatment and conflicts of interest;
(12) Honor all contracts
until fulfillment, release, or dissolution by mutual agreement of all parties;
(13) Apply for, accept,
offer, or assign a position of responsibility on the basis of professional
preparation and legal qualifications;
(14) Accurately represent
personal qualifications and the evaluations and recommendations of others;
(15) Cooperate with
authorities regarding violations of the codes of ethics of the South Dakota
Professional Administrators Practices and Standards Commission and the South
Dakota Professional Teachers Practices and Standards Commission.
Source:
13 SDR 3, effective July 22, 1986; 27 SDR 141, effective July 3, 2001.
General
Authority: SDCL 13-43-45.
Law
Implemented: SDCL 13-43-45.
CHAPTER 24:11:04
COMPLAINT PROCEDURE
Section
24:11:04:01 Procedure for filing a complaint.
24:11:04:02 Investigation of complaint -- Notice of initial decision.
24:11:04:03 Commission hearing procedure.
24:11:04:04 Confidentiality of private hearing.
24:11:04:01. 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 Administrators Practices and
Standards Commission. Within 10 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 administrator 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:
13 SDR 3, effective July 22, 1986; 37 SDR 133, effective January 18, 2011.
General
Authority: SDCL 13-43-45, 13-43-48.
Law
Implemented: SDCL 13-43-48 to 13-43-50, inclusive.
24:11:04:02. Investigation of complaint -- Notice of initial decision. When 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 on findings of the investigation, the commission shall decide if a formal hearing will be conducted after consideration of the complaint and the investigators' report, if any. The commission shall notify the complainant or complainants, the respondent, and the chief administrator or chair of the governing board or school board of the decision.
Source: 13 SDR 3, effective July 22, 1986.
24:11:04:03. 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 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 exceed the five years may be considered within the discretion of the commission. The respondent may choose whether the hearing is to be private or public.
Source: 13 SDR 3, effective July 22, 1986; 27 SDR 141, effective July 3, 2001.
24:11:04:04. 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 to the complainant or complainants, the respondent, the members of the appropriate educational governing board, 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; 27 SDR 141, effective July 3, 2001; 31 SDR 121, effective March 2, 2005.
General Authority: SDCL 13-43-45.
CHAPTER 24:11:05
EVALUATION OF ADMINISTRATORS
Editor's Note:Statutory authority for the rules in this chapter was repealed by SL 1995, ch 87, § 79, effective July 1, 1995, therefore these rules are void according to SDCL 1-26-8.1.