Title 13 — EDUCATION
92 chapters · 1,687 sections in this title.
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
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Ord. 03-1), § 63; SL 2015, ch 98 , § 22. 13-43-29. Repealed by SL 1974, ch 137 , § 8 13-43-30. Repealed by SL 2015, ch 98 , § 23. 13-43-31 to 13-43-37. Repealed by SL 1986, ch 122 , § 1
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
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13-43-24. Repealed by SL 1974, ch 137 , § 8
SDCL § 13-43-1 Employment of school board member in same district prohibited
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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. 13-43-2. Repealed by SL 1995, c…
SDCL § 13-43-12.5 SDCL 13-43-12.5
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Repealed by SL 1989, ch 153 , § 6 13-43-13
SDCL § 13-43-13 SDCL 13-43-13
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Repealed by SL 1995, ch 87 , § 74 13-43-14
SDCL § 13-43-14 SDCL 13-43-14
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Repealed by SL 1971, ch 126 , § 2 13-43-15
SDCL § 13-43-15 Repealed by SL 1995, ch 87 , § 74A 13-43-15.1 Right of employee to run for office
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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 Appoin…
SDCL § 13-43-15.1 Right of employee to run for office
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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.
SDCL § 13-43-16 Declaration of teaching as profession--Persons included
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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, cond…
SDCL § 13-43-17 Professional Teachers Practices and Standards Commission created--Number and qualifications of members
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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 rep…
SDCL § 13-43-17.1 Operation within department--Functions--Submission of records and reports
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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 …
SDCL § 13-43-18 Appointment of members of Professional Teachers Practices and Standards Commission--Terms
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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 term…
SDCL § 13-43-19 Vacancies on Professional Teachers Practices and Standards Commission--Removal of members
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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.
SDCL § 13-43-2 SDCL 13-43-2
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Repealed by SL 1995, ch 87 , § 65 13-43-3
SDCL § 13-43-20 Election of officers of Professional Teachers Practices and Standards Commission--Adoption of rules
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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 …
SDCL § 13-43-20.1 Appointment of executive secretary to commission--Employees
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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.
SDCL § 13-43-21 Meetings of Professional Teachers Practices and Standards Commission
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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. 13-43-22. Repealed by SL 19…
SDCL § 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
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13-43-24
SDCL § 13-43-23 Expenses of Professional Teachers Practices and Standards Commission or Professional Administrators Practices and Standards Commission
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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,…
SDCL § 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
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13-43-25.1 13-43-25.1 , 13-43-26. Repealed by SL 1995, ch 87 , §§ 76, 77 13-43-27
SDCL § 13-43-25 Rules of Professional Teachers Practices and Standards Commission--Code of ethics--Recommendations to boards
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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.…
SDCL § 13-43-27 Repealed by SL 1974, ch 137 , § 8 13-43-28 Reprimand or disciplinary action for teacher misconduct--Procedure
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13-43-28.1 Complaint requesting revocation or suspension of certificate--Procedure--Decision--Appeal. 13-43-29
SDCL § 13-43-28 Reprimand or disciplinary action for teacher misconduct--Procedure
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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 …
SDCL § 13-43-28.1 Complaint requesting revocation or suspension of certificate--Procedure--Decision--Appeal
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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…
SDCL § 13-43-29 SDCL 13-43-29
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Repealed by SL 1974, ch 137 , § 8 13-43-30
SDCL § 13-43-3 Repealed by SL 2007, ch 108 , § 1
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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 Empl…
SDCL § 13-43-3.3 SDCL 13-43-3.3
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Repealed by SL 2012, ch 87 , § 22.
SDCL § 13-43-30 Repealed by SL 2015, ch 98 , § 23
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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 A…
SDCL § 13-43-38 Professional administrators practices and standards commission--Creation--Number and qualifications of members
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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 adm…
SDCL § 13-43-39 Operation within department--Functions--Submission of records and reports
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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 an…
SDCL § 13-43-4 Written contract required--Execution
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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 …
SDCL § 13-43-40 Appointment of commission members--Terms
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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 …
SDCL § 13-43-41 Vacancies--Removal of members
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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.
SDCL § 13-43-42 Election of officers--Adoption of rules
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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.
SDCL § 13-43-43 Appointment of executive secretary--Employees
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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.
SDCL § 13-43-44 Meetings
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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.
SDCL § 13-43-45 Adoption of rules and code of professional ethics--Recommendations to boards
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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 administrato…
SDCL § 13-43-48 Reprimand or disciplinary action for administrator misconduct--Procedure
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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 publi…
Complaint requesting revocation or suspension of certificate of administrator--Procedure--Decision--Appeal
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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…
SDCL § 13-43-5 Certificate required before contract signed--Exception when academic training being completed
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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 traini…
SDCL § 13-43-5.1 Employment of person with revoked or suspended certificate prohibited
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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 20…
SDCL § 13-43-5.2 SDCL 13-43-5.2
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Rejected by referendum.
SDCL § 13-43-50 Repealed by SL 2015, ch 98 , § 26
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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
SDCL § 13-43-55.1 Mentor teacher program created--Promulgation of rules--Participation in program
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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…
SDCL § 13-43-56 Repealed by SL 1994, ch 135 13-43-57 Repealed by SL 2012, ch 87 , §§ 23, 24
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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.
Uncertified administrators subject to code of ethics--Discipline for violation
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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 §
SDCL § 13-43-6 Contents of contract of employment--Distribution of copies--Duration
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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 b…
SDCL § 13-43-6.1 Just cause for termination or nonrenewal of teacher
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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 distr…
SDCL § 13-43-6.2 Written notice of intention to recommend nonrenewal--Opportunity for hearing--Time limitations
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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…
Nonrenewal of teacher's contract
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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 bu…