Title 13, EDUCATION

The affirmative vote of a majority of the members of the board is required to take any official action. The board shall record minutes. The minutes are open to the public. All meetings of the board are subject to the provisions of chapter 1-25 . Source: SL 2017, ch 81 , § 7.

Each member of the board shall be paid per diem compensation and allowable expenses for the member's service on the board pursuant to § 4-7-10.4 . Source: SL 2017, ch 81 , § 8.

No employee of a technical college may be a member of the board. Source: SL 2017, ch 81 , § 9; SL 2020, ch 61 , § 3.

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 …

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 , § 2…

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 th…

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 ref…

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 Standard…

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 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 …

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 , …

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 …

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 f…

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…

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 "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.

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; …

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 program may not accept any new people into the program after July…

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 st…

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 a…

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 establishe…

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 professi…

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 hi…

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.

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 p…

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 distric…

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 schoo…

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.

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 4…

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 …

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 other…

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 …

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 …

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…

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 fr…

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 inspec…

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…

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…

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 …

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.

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.

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…

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…

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 …

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…

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.