CHAPTER 13-42
CERTIFICATION AND EVALUATION OF TEACHERS, PRINCIPALS, AND SUPERINTENDENTS
13-42-1 Definitions.
13-42-1.1 13-42-1.1. Repealed by SL 1989, ch 153, § 2
13-42-1.2 Certificate required for teachers, administrators, and other educational professionals in schools.
13-42-2 13-42-2. Repealed by SL 2001, ch 86, § 1
13-42-3 Certification of educational professionals--Promulgation of Rules.
13-42-3.1 13-42-3.1. Repealed by SL 1989, ch 30, § 46
13-42-3.2 Educator permit--Emergency CTE instructor--Promulgation of rules.
13-42-4 Issuance of certificates by secretary.
13-42-4.1 13-42-4.1. Repealed by SL 1989, ch 153, § 3
13-42-4.2 Investigations by secretary.
13-42-5 13-42-5. Repealed by SL 1975, ch 128, § 377
13-42-5.1 Use of institute funds--Vouchers and warrants.
13-42-6 Oath or affirmation of allegiance required--Aliens excepted.
13-42-7 Repealed.
13-42-8 13-42-8. Repealed by SL 1975, ch 128, § 377
13-42-9 Grounds for refusal to issue or renew certificate or for revocation or suspension.
13-42-10 Suspension or refusal to issue or renew certificate for breach of contract.
13-42-11 Mandatory revocation of certificate for disloyal conduct or refusal to take oath of allegiance.
13-42-12 Procedures for revocation or suspension of certificate.
13-42-13 13-42-13. Repealed by SL 2015, ch 98, § 11.
13-42-14 Private or public hearing--Appearance and production of evidence--Witnesses--Record of proceedings.
13-42-15 Secretary's decision on revocation or suspension of certificate--Effective date and duration--Service of order and findings.
13-42-15.1 Repealed by SL 2012, ch 87, § 18.
13-42-16 Appeal to circuit court from revocation or suspension of certificate.
13-42-17 Confidentiality of investigative information--Disclosure.
13-42-17.1 Public and confidential records--Disclosure.
13-42-17.2 Costs of contested case proceeding.
13-42-18 Interstate Agreement on Qualification of Educational Personnel enacted--Text of agreement.
13-42-19 Secretary as "designated state official".
13-42-20 Filing and publication of contracts.
13-42-21 13-42-21, 13-42-22. Repealed by SL 1991, ch 153, § 3
13-42-23 Repealed by SL 2012, ch 87, §§ 19 to 21.
13-42-26 Certification by National Board for Professional Teaching Standards--Reimbursement for fees--Stipend for certified teachers--Adoption of rules.
13-42-27 Board to review certification process and establish revised standards.
13-42-28 Board to establish alternative certification program.
13-42-28.1 13-42-28.1. Repealed by SL 2004, ch 133, § 6, eff. July 1, 2008.
13-42-29 Administrator not meeting certification standards to submit professional development plan.
13-42-30 13-42-30, 13-42-31. Repealed by SL 2004, ch 133, § 6, eff. July 1, 2008.
13-42-32 Suspension or revocation of certificate for compromising integrity of academic achievement test.
13-42-33 Promulgation of rules on performance standards.
13-42-34 Teacher evaluations.
13-42-35 Work group to develop model evaluation instrument.
13-42-35.1 Rejected by referendum.
13-42-36 Right to not renew contract preserved.
13-42-37 Rejected by referendum.
13-42-67 Expedited issuance of teaching certificate for military personnel and spouses--Requirements.
13-42-68 Temporary certificate for spouses of military personnel.
13-42-69 Duration of expedited certificate.
13-42-70 Evaluation records and documents not open to inspection or copying.
13-42-71 Suicide awareness and prevention training--Board approval--Requirements.
13-42-72 Immunity from liability regarding suicide awareness and prevention training.
13-42-1. Definitions.
Terms used in this chapter and §§ 13-43-16 to 13-43-49, inclusive, mean:
(1) "Administrator," a superintendent, principal, or other person whose assigned duties require the person to be issued a certificate as an administrator;
(2) "Applicant," an individual who has applied for a certificate, either through an initial application or a renewal application;
(3) "Certificate," a certificate and endorsements required by the South Dakota Board of Education Standards pursuant to § 13-42-3 for a teacher, administrator, or other educational professional which authorize the certificate holder to work in assigned grades and fields;
(4) "Department," the South Dakota Department of Education;
(5) "Other educational professional," an instructor, school service specialist, or other person whose duties require the person to be issued a certificate;
(6) "Secretary," the secretary of the department;
(7) "Teacher," a person whose assigned duties require the person to be issued a certificate as a teacher.
Source: SL 2015, ch 98, § 1; SL 2017, ch 81, § 57.
13-42-1.2. Certificate required for teachers, administrators, and other educational professionals in schools.
No person may draw wages as a teacher, administrator, or other educational professional in any public school or other accredited school who does not have a valid certificate.
Source: SDC 1939, § 15.3807; SL 1955, ch 41, ch 16, § 2; SDC Supp 1960, § 15.3802; SL 1975, ch 128, § 293; SL 1985, ch 129, § 17; SL 1986, ch 122, §§ 1, 17; SL 1987, ch 29, § 75; SL 1989, ch 153, § 1; SL 1991, ch 20, §§ 17, 18; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SDCL § 13-42-1; SL 2015, ch 98, § 2.
13-42-3. Certification of educational professionals--Promulgation of Rules.
The South Dakota Board of Education Standards shall promulgate rules, pursuant to chapter 1-26, to establish the requirements and criteria that an applicant shall meet in order to be issued a certificate by the secretary as a teacher, administrator, or other educational professional authorizing the holder of the certificate to accept a position in any elementary or secondary school in the grades and fields specified by the certificate. The rules shall specify the duration and the method of renewal, the amount of the fee for issuing the certificate, the application procedures and documentation requirements for certificates, the endorsements to certificates, the requirements for certification, the procedures for denial or nonrenewal of a certificate and disciplinary proceedings and assessment of costs, the procedures for requesting an inactive status and reinstatement, the procedures and costs for reinstatement of an invalid certificate, the definition of inactive certificate status, the procedures for processing applications and issuing certificates for military spouses, the procedures for granting reciprocity for any teacher who is certified to teach in another state and has completed an accredited teacher education program, and other procedures necessary for the administration of certification.
In addition to teacher certificate renewal based on academic coursework, the rules for teacher certificate renewal shall include guidelines and criteria by which an applicant may receive credit toward renewal based on private or public sector experience that was not obtained through academic coursework if the experience is related to the applicant's teaching field. Any change to a rule promulgated pursuant to this section that increases the educational requirements an applicant shall meet to qualify for a certificate shall be preceded by at least two years' notice before the effective date of the change. The two-year notice requirement does not apply to an increase in the application fee, which must comply with §§ 1-26-4.8 and 1-26-6.9.
Source: SDC 1939, § 15.3716; SL 1939, ch 48; SL 1947, ch 76; SL 1955, ch 41, ch 16, §§ 2, 4; SDC Supp 1960, §§ 15.3802, 15.3804; SDCL § 13-42-5; SL 1973, ch 93, § 2; SL 1975, ch 128, § 295; SL 1985, ch 137; SL 1989, ch 153, § 7; SL 1994, ch 131; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2013, ch 170, § 9; SL 2015, ch 98, § 3; SL 2016, ch 80, § 4; SL 2017, ch 81, § 57; SL 2020, ch 62, § 1.
13-42-3.2. Educator permit--Emergency CTE instructor--Promulgation of rules.
The secretary may issue a one-year career and technical education (CTE) instructor educator permit to an applicant who submits documentation showing that the applicant holds a minimum of a high school diploma or its equivalent and:
(1) An associate of applied science degree or higher; or
(2) At least two thousand hours of work experience in a related CTE field; or
(3) A national or state certification in a related CTE field.
An individual who holds an active one-year CTE instructor educator permit is considered certified pursuant to this chapter.
The applicant must submit documentation from a public or department-accredited school showing that the school is unable to hire a certified educator to fill the vacancy and listing the position to be held by the applicant and the name of the certified teacher who will act as a mentor to the applicant. The applicant must submit the required documentation on forms approved by the secretary.
The South Dakota Board of Education Standards shall promulgate rules, pursuant to chapter 1-26, establishing the process by which an applicant may apply for the one-year CTE instructor educator permit, the CTE career pathway endorsements that the applicant for the one-year CTE instructor educator permit is eligible to add to the permit, and what continuing education an individual must complete to renew the one-year CTE instructor educator permit. The educator permit may not be renewed for more than one year at a time.
Source: SL 2024, ch 60, § 1.
13-42-4. Issuance of certificates by secretary.
The authority to issue a certificate is vested in the secretary, and the certificate shall be issued, renewed, or validated to a person who has met the rules and requirements for the certificate as determined by the South Dakota Board of Education Standards.
Source: SL 1955, ch 41, ch 16, § 2; SDC Supp 1960, § 15.3802; SL 1975, ch 128, § 296; SL 2004, ch 17, § 30; SL 2015, ch 98, § 4; SL 2017, ch 81, § 57.
13-42-4.2. Investigations by secretary.
The secretary may, upon receipt of information suggesting the failure of an applicant or certificate holder to comply with requirements necessary for certification, initiate and conduct an investigation. The secretary may also initiate and conduct an investigation in regard to a person subject to § 13-43-59. In conducting the investigation, the secretary shall have the powers referenced in § 1-26-19.1.
Source: SL 2015, ch 98, § 5.
13-42-5.1. Use of institute funds--Vouchers and warrants.
The state institute fund shall be used for the purpose of writing and publishing bulletins, accreditation rules, and materials essential to the school systems of this state, and to support activities related to school accreditation and teacher training and retention, and as otherwise may be provided by law; and the state institute fund is hereby appropriated for such purposes and shall be paid out upon warrants drawn by the state auditor on duly itemized vouchers approved by the secretary of the Department of Education.
Source: SDC 1939, § 15.3716; SL 1939, ch 48; SL 1947, ch 76; SL 1955, ch 41, ch 16, § 4; SDC Supp 1960, § 15.3804; SDCL § 13-44-5; § 13-42-5, as added by SL 1973, ch 93, § 2; SL 1975, ch 128, § 297; SL 2003, ch 272, § 63; SL 2007, ch 107, § 1; SL 2021, ch 73, § 17.
13-42-6. Oath or affirmation of allegiance required--Aliens excepted.
No certificate may be issued unless the applicant is a United States citizen and takes an oath or affirmation to support the Constitutions of the United States and of the State of South Dakota or unless the applicant is a legal alien. The department shall keep a copy of the oath on file. A legal alien employed by a school district is not required to file an oath or affirmation of allegiance. The secretary may administer the oath or affirmation required under this chapter.
Source: SL 1955, ch 41, ch 16, § 3; SDC Supp 1960, § 15.3803; SL 1975, ch 128, § 298; SL 1982, ch 148, § 2; SL 1989, ch 30, § 47; SL 1991, ch 20, §§ 17, 18; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2015, ch 98, § 6.
13-42-7. Repealed.
Source: SL 1955, ch 41, ch 16, § 6; SDC Supp 1960, § 15.3806; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2015, ch 98, § 7; SL 2022, ch 44, § 3.
13-42-9. Grounds for refusal to issue or renew certificate or for revocation or suspension.
The secretary may refuse to issue or renew, or may revoke or suspend, any certificate for:
(1) Incompetency;
(2) A determination by the Professional Teachers Practices and Standards Commission or the Professional Administrators Practices and Standards Commission that a violation of the code of ethics established pursuant to § 13-43-25 or 13-43-45 exists;
(3) Flagrant neglect of duty;
(4) Failure to fulfill any requirement for certification imposed pursuant to this chapter or chapter 13-43 and rules promulgated thereto;
(5) Moral turpitude, as defined in § 22-1-2; or
(6) Any other cause specifically allowed by law.
Source: SL 1955, ch 41, ch 16, §§ 5, 10; SDC Supp 1960, §§ 15.3805, 15.3810; SDCL § 13-43-9; SL 1969, ch 50; SL 1975, ch 128, § 299; SL 1977, ch 138, § 1; SL 1999, ch 91, § 1; SL 2001, ch 88, § 2; SL 2002, ch 92, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2010, ch 90, § 1; SL 2015, ch 98, § 8; SL 2022, ch 44, § 1.
13-42-10. Suspension or refusal to issue or renew certificate for breach of contract.
The secretary may suspend or refuse to issue or renew any certificate for a period not to exceed one year for breaking a contract with a school. However, the secretary may not suspend the certificate if the school board or governing body collects liquidated damages pursuant to the terms of the contract. In order to initiate proceedings pursuant to this section, the school board or governing body employing the certificate holder shall file a complaint pursuant to § 13-42-12.
Source: SL 1955, ch 41, ch 16, § 6; SDC Supp 1960, § 15.3806; SL 1984, ch 123, § 1; SL 1989, ch 153, § 7; SL 1991, ch 20, §§ 17, 18; SL 2001, ch 87, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2015, ch 98, § 9.
13-42-11. Mandatory revocation of certificate for disloyal conduct or refusal to take oath of allegiance.
Any teacher who shall have publicly reviled, ridiculed, or otherwise spoken or acted with disrespect and contumacy toward the flag of the United States or its official uniforms or insignia, or toward the system of government of the United States and its Constitution, or shall refuse to take and subscribe the oath of allegiance required in § 13-42-6 shall upon satisfactory proof of the commission of such offense have his certificate revoked by the secretary of the Department of Education.
Source: SL 1955, ch 41, ch 16, § 3; SDC Supp 1960, § 15.3803; SL 2003, ch 272, § 63.
13-42-12. Procedures for revocation or suspension of certificate.
Except as provided in § 13-42-10, any person may initiate proceedings for the revocation or suspension of a certificate. A written complaint shall be filed with the Professional Teachers Practices and Standards Commission or the Professional Administrators Practices and Standards Commission. The complaint shall specify generally the nature and character of the charges, and within five days after filing, a copy of the complaint shall be served upon the certificate holder in person or by registered or certified mail addressed to the person's last known address. The certificate holder shall, within thirty days after the service of the complaint, file with the commission a written answer to the charges specified. The hearing shall be conducted consistent with the requirements of chapter 1-26. Each commission may promulgate rules, pursuant to chapter 1-26, to further define the standards and procedures for conducting hearings and for filing, investigating, and resolving complaints.
Source: SL 1955, ch 41, ch 16, § 6; SDC Supp 1960, § 15.3806; SL 1975, ch 128, § 300; SL 1985, ch 138; SL 1985, ch 139, § 16; SL 1989, ch 153, § 7; SL 1994, ch 132, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2015, ch 98, § 10.
13-42-14. Private or public hearing--Appearance and production of evidence--Witnesses--Record of proceedings.
The hearing referenced in § 13-42-12 may be either private or public, as the certificate holder may elect, and the certificate holder may appear in person or by counsel and produce evidence at the hearing. Each witness shall be sworn before testifying and the official conducting the hearing may administer the oath prescribed by law for witnesses in judicial proceedings. A record, in writing, shall be made of the proceedings and of all evidence produced at the hearing and shall be filed with the department upon conclusion of the hearing. The hearing shall be held in Pierre unless good cause is shown to justify moving the hearing to another location for the convenience of the parties and witnesses.
Source: SL 1955, ch 41, ch 16, § 6; SDC Supp 1960, § 15.3806; SL 1985, ch 139, § 18; SL 2010, ch 77, § 19; SL 2015, ch 98, § 12.
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.
13-42-15.1. Repealed by SL 2012, ch 87, § 18.
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.
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.
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.
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.
13-42-18. Interstate Agreement on Qualification of Educational Personnel enacted--Text of agreement.
The Interstate Agreement on Qualification of Educational Personnel is hereby enacted into law and entered into with all states legally joining therein, in the form substantially as follows:
ARTICLE I
Definitions
As used in this Agreement and contracts made pursuant to it, unless the context clearly requires otherwise:
1. "Educational personnel" means persons who must meet requirements pursuant to state law as a condition of employment in educational programs.
2. "Designated state official" means the education official of a state selected by that state to negotiate and enter into, on behalf of his state, contracts pursuant to this Agreement.
3. "Accept," or any variant thereof, means to recognize and give effect to one or more determinations of another state relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving state.
4. "State" means a state, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico.
5. "Originating state" means a state (and the subdivision thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article II.
6. "Receiving state" means a state (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article II.
ARTICLE II
Interstate Educational Personnel Contracts
1. The designated state official of a party state may make one or more contracts on behalf of his state with one or more other party states providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the states whose designated state officials enter into it, and the subdivisions of those states, with the same force and effect as if incorporated in this Agreement. A designated state official may enter into a contract pursuant to this Article only with states in which he finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in his own state.
2. Any such contract shall provide for:
(a) Its duration.
(b) The criteria to be applied by an originating state in qualifying educational personnel for acceptance by a receiving state.
(c) Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.
(d) Any other necessary matters.
3. No contract made pursuant to this agreement shall be for a term longer than five years but any such contract may be renewed for like or lesser periods.
4. Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this Agreement shall require acceptance by a receiving state of any persons qualified because of successful completion of a program prior to January 1, 1954.
5. The certification or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving state.
6. A contract committee composed of the designated state officials of the contracting states or their representatives shall keep the contract under continuous review, study means of improving its administration, and report no less frequently than once a year to the heads of the appropriate education agencies of the contracting states.
ARTICLE III
Approved and Accepted Programs
1. Nothing in this Agreement shall be construed to repeal or otherwise modify any law or regulation of a party state relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that state.
2. To the extent that contracts made pursuant to this Agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract.
ARTICLE IV
Interstate Cooperation
The party states agree that:
1. They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article II of this Agreement.
2. They will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification.
ARTICLE V
Agreement Evaluation
The designated state officials of any party state may meet from time to time as a group to evaluate progress under the Agreement, and to formulate recommendations for changes.
ARTICLE VI
Other Arrangements
Nothing in this Agreement shall be construed to prevent or inhibit other arrangements or practices of any party state or states to facilitate the interchange of educational personnel.
ARTICLE VII
Effect and Withdrawal
1. This Agreement shall become effective when enacted into law by two states. Thereafter it shall become effective as to any state upon its enactment of this Agreement.
2. Any party state may withdraw from this Agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing state has given notice in writing of the withdrawal to the Governors of all other party states.
3. No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms.
ARTICLE VIII
Construction and Severability
This Agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Agreement shall be severable and if any phrase, clause, sentence, or provision of this Agreement is declared to be contrary to the Constitution of any state or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Agreement shall be held contrary to the Constitution of any state participating therein, the Agreement shall remain in full force and effect as to the state affected as to all severable matters.
Source: SL 1969, ch 63, § 1.
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.
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.
13-42-23 to 13-42-25. Repealed by SL 2012, ch 87, §§ 19 to 21.
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.
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.
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.
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.
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.
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.
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.
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.
13-42-35.1 to 13-42-35.5. Rejected by referendum.
13-42-36. Right to not renew contract preserved.
Nothing in §§ 13-42-33 to 13-42-35, inclusive, may diminish a school district's right to not renew a teacher's contract pursuant to § 13-43-6.3.
Source: SL 2010, ch 94, § 4.
13-42-37 to 13-42-66. Rejected by referendum.
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.
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.
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.
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.
13-42-71. Suicide awareness and prevention training--Board approval--Requirements.
Prior to beginning employment at a school district or department-accredited school and every five years thereafter, an individual certified pursuant to this chapter and employed by a school district or department-accredited school must complete an approved youth suicide awareness and prevention training that is at least one hour in duration and shall submit a certificate showing completion of the approved training to the school district or department-accredited school where the individual is employed. The school district or department-accredited school shall retain the certificates submitted as a part of the documentation necessary to earn or maintain state accreditation.
The South Dakota Board of Education Standards shall consult with suicide prevention or counseling experts to identify evidence-based resources that will fulfill the youth suicide awareness and prevention training required by this section and shall make the list of the approved trainings available to school districts and department-accredited schools. An individual may complete a required training through a self-review of youth suicide prevention materials that are approved by the board, provided that the training issues a certificate of completion that contains:
(1) The name of the training completed;
(2) The name of the individual who completed the training;
(3) The length of the training completed; and
(4) The date on which the training was completed.
Source: SL 2016, ch 94, § 1; SL 2017, ch 81, § 57; SL 2024, ch 61, § 1.
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.
