CHAPTER 13-43
EMPLOYMENT OF TEACHERS
13-43-1 Employment of school board member in same district prohibited.
13-43-2 13-43-2. Repealed by SL 1995, ch 87, § 65
13-43-3 13-43-3. Repealed by SL 2007, ch 108, § 1.
13-43-3.1 13-43-3.1, 13-43-3.2. Repealed by SL 2005, ch 101, §§ 4, 5.
13-43-3.3 Repealed by SL 2012, ch 87, § 22.
13-43-4 Written contract required--Execution.
13-43-5 Certificate required before contract signed--Exception when academic training being completed.
13-43-5.1 Employment of person with revoked or suspended certificate prohibited.
13-43-5.2 Rejected by referendum.
13-43-6 Contents of contract of employment--Distribution of copies--Duration.
13-43-6.1 Just cause for termination or nonrenewal of teacher.
13-43-6.2 Written notice of intention to recommend nonrenewal--Opportunity for hearing--Time limitations.
13-43-6.3 Nonrenewal of teacher's contract.
13-43-6.4 Nonrenewal due to staff reduction.
13-43-6.5 Termination not caused by amount of compensation.
13-43-6.6 Right to termination on statutory grounds not limited by collective bargaining agreement--Protection of teacher not limited.
13-43-6.7 Written notice of recommendation for termination--Content--Hearing--Action.
13-43-6.8 Evidence of delivery of notification of intention to recommend nonrenewal or termination.
13-43-6.9 Evidence of delivery of written request for a hearing.
13-43-7 13-43-7. Repealed by SL 1995, ch 87, § 66
13-43-7.1 13-43-7.1. Repealed by SL 2011, ch 87, § 4.
13-43-8 13-43-8, 13-43-9. Repealed by SL 1975, ch 128, § 377
13-43-9.1 13-43-9.1 to 13-43-12. Repealed by SL 1995, ch 87, §§ 67 to 73
13-43-12.1 13-43-12.1, 13-43-12.2. Repealed by SL 1989, ch 153, §§ 4, 5
13-43-12.3 13-43-12.3, 13-43-12.4. Repealed by SL 1989, ch 153, §§ 8, 9
13-43-12.5 13-43-12.5. Repealed by SL 1989, ch 153, § 6
13-43-13 13-43-13. Repealed by SL 1995, ch 87, § 74
13-43-14 13-43-14. Repealed by SL 1971, ch 126, § 2
13-43-15 13-43-15. Repealed by SL 1995, ch 87, § 74A
13-43-15.1 Right of employee to run for office.
13-43-16 Declaration of teaching as profession--Persons included.
13-43-17 Professional Teachers Practices and Standards Commission created--Number and qualifications of members.
13-43-17.1 Operation within department--Functions--Submission of records and reports.
13-43-18 Appointment of members of Professional Teachers Practices and Standards Commission--Terms.
13-43-19 Vacancies on Professional Teachers Practices and Standards Commission--Removal of members.
13-43-20 Election of officers of Professional Teachers Practices and Standards Commission--Adoption of rules.
13-43-20.1 Appointment of executive secretary to commission--Employees.
13-43-21 Meetings of Professional Teachers Practices and Standards Commission.
13-43-22 13-43-22. Repealed by SL 1971, ch 23, § 2
13-43-23 Expenses of Professional Teachers Practices and Standards Commission or Professional Administrators Practices and Standards Commission.
13-43-24 13-43-24. Repealed by SL 1974, ch 137, § 8
13-43-25 Rules of Professional Teachers Practices and Standards Commission--Code of ethics--Recommendations to boards.
13-43-25.1 13-43-25.1, 13-43-26. Repealed by SL 1995, ch 87, §§ 76, 77
13-43-27 13-43-27. Repealed by SL 1974, ch 137, § 8
13-43-28 Reprimand or disciplinary action for teacher misconduct--Procedure.
13-43-28.1 Complaint requesting revocation or suspension of certificate--Procedure--Decision--Appeal.
13-43-29 13-43-29. Repealed by SL 1974, ch 137, § 8
13-43-30 13-43-30. Repealed by SL 2015, ch 98, § 23.
13-43-31 13-43-31 to 13-43-37. Repealed by SL 1986, ch 122, § 1
13-43-38 Professional administrators practices and standards commission--Creation--Number and qualifications of members.
13-43-39 Operation within department--Functions--Submission of records and reports.
13-43-40 Appointment of commission members--Terms.
13-43-41 Vacancies--Removal of members.
13-43-42 Election of officers--Adoption of rules.
13-43-43 Appointment of executive secretary--Employees.
13-43-44 Meetings.
13-43-45 Adoption of rules and code of professional ethics--Recommendations to boards.
13-43-46 13-43-46, 13-43-47. Repealed by SL 1995, ch 87, §§ 78, 79
13-43-48 Reprimand or disciplinary action for administrator misconduct--Procedure.
13-43-49 Complaint requesting revocation or suspension of certificate of administrator--Procedure--Decision--Appeal.
13-43-50 13-43-50. Repealed by SL 2015, ch 98, § 26.
13-43-51 13-43-51 to 13-43-55. Repealed by SL 1995, ch 88, §§ 21 to 25
13-43-55.1 Mentor teacher program created--Promulgation of rules--Participation in program.
13-43-56 13-43-56. Repealed by SL 1994, ch 135
13-43-57 Repealed by SL 2012, ch 87, §§ 23, 24.
13-43-59 Uncertified administrators subject to code of ethics--Discipline for violation.
13-43-60 Certification of health of employee.
13-43-61 Signing bonus––Authorization.
13-43-62 Signing bonus––Payment.
13-43-63 Negotiation with collective bargaining representative.
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.
13-43-3.3. Repealed by SL 2012, ch 87, § 22.
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.
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.
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.
13-43-5.2. Rejected by referendum.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
13-43-44. Meetings.
The Professional Administrators Practices and Standards Commission shall meet on call of the chairperson. However, he shall call a meeting upon request of four members.
Source: SL 1985, ch 139, § 9.
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.
13-43-48. Reprimand or disciplinary action for administrator misconduct--Procedure.
After notice and hearing as a contested case under the provisions of chapter 1-26, if the Professional Administrators Practices and Standards Commission determines that an administrator 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 1985, ch 139, § 13; SL 2015, ch 98, § 24.
13-43-49. Complaint requesting revocation or suspension of certificate of administrator--Procedure--Decision--Appeal.
If the Professional Administrators Practices and Standards Commission determines that proceedings to revoke or suspend the certificate of an administrator 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 § 13-43-48 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: SL 1985, ch 139, § 14; SL 1991, ch 155; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2015, ch 98, § 25.
13-43-55.1. Mentor teacher program created--Promulgation of rules--Participation in program.
There is hereby created a program to provide for the mentoring of teachers new to the profession in South Dakota school districts. The program shall provide a new teacher access to a mentor teacher for a period of two years and participation in a summer workshop program following the first year of employment. The South Dakota Board of Education Standards shall promulgate rules, pursuant to chapter 1-26, to establish duties and qualifications for teachers to be designated as mentor teachers. Participation in the program is discretionary with each school district according to a mentor teacher plan adopted by the school board for the school district.
Source: SL 2002, ch 80, § 1; SL 2016, ch 80, § 5; SL 2017, ch 81, § 57.
13-43-57, 13-43-58. Repealed by SL 2012, ch 87, §§ 23, 24.
13-43-59. Uncertified administrators subject to code of ethics--Discipline for violation.
Any person employed in an administrative capacity, but who does not hold a valid South Dakota certificate pursuant to chapter 13-42, is subject to the code of professional ethics as established under § 13-43-45. The procedures referenced in §§ 13-42-12 and 13-42-14 apply to complaints and hearings regarding an alleged violation of the code of professional ethics by the person. If the Professional Administrators Practices and Standards Commission determines that the person has violated the code of professional ethics, then the commission may impose discipline referenced in § 13-43-48.
Source: SL 2001, ch 90, § 1; SL 2015, ch 98, § 27.
13-43-60. Certification of health of employee.
If, at any time, there is reasonable cause to believe that an employee is suffering from a mental or physical condition that could be detrimental to the health or safety of the employee, any student, or any other employee, the superintendent may require a certification of health. The expense of obtaining such certifications of health shall be borne by the school.
Source: SL 2014, ch 95, § 1.
13-43-61. Signing bonus––Authorization.
A school district may offer and, upon the signing of a contract by both parties, pay a signing bonus, moving expenses, or tuition reimbursement to a staff member employed in the school district.
Source: SL 2015, ch 99, § 1; SL 2022, ch 45, § 1.
13-43-62. Signing bonus––Payment.
A payment authorized in § 13-43-61 may be paid:
(1) In one lump sum, upon completion of the staff member's first year of employment in the school district; or
(2) In installments, over a period not to exceed three years from the date the staff member signed a contract of employment with the school district, and upon the terms and conditions mutually agreed upon by the school district and the staff member.
Source: SL 2015, ch 99, § 2; SL 2022, ch 45, § 2.
13-43-63. Negotiation with collective bargaining representative.
A payment authorized in § 13-43-61 is in addition to any amount payable under a negotiated contract. A school district may negotiate a payment authorized in § 13-43-61 with the staff member's designated collective bargaining representative.
Source: SL 2015, ch 99, § 3; SL 2022, ch 45, § 3.
