Changes to Existing Law

SB39 — modify provisions regarding educator complaints.

29 sections modified+289-5956

View:

§ 13-42-1

Amended

+3-6

Section 13-42-1 — AMENDED

Terms used in this chapter and ~~§§ 13-43-16 to 13-43-49, inclusive,~~ chapter 13-43 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~~ that 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; 25 (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.

§ 13-42-12

Amended

+51-46

Section 13-42-12 — AMENDED

Except as provided in § 13-42-10, any person may ~~initiate proceedings~~ ~~for the revocation or suspension of a certificate. A~~ file a written complaint ~~shall be filed~~ against a certificate holder with the Professional ~~Teachers~~ Educators Practices and Standards Commission ~~or the Professional Administrators Practices and Standards~~ ~~Commission~~. ~~The~~ In order to be considered by the commission, the complaint ~~shall~~ ~~specify generally~~ must specify the nature and character of the charges~~, and within~~ ~~five days after filing, a copy of the complaint shall be served~~. The commission shall serve the complaint upon the certificate holder in person or by registered or certified mail addressed to the person's last known address within ten business days of the date the complaint was filed. 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~~ If the commission votes to hold a hearing ~~shall~~ on the complaint, the hearing must be conducted consistent with the requirements of chapter 1-26. ~~Each~~ The commission ~~may~~ shall promulgate rules, pursuant to chapter 1-26, to further define the standards and procedures for conducting hearings and for filing, investigating, and resolving complaints. 33

§ 13-42-14

Amended

+18-24

Section 13-42-14 — AMENDED

~~The~~At 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 The Professional Educators Practices and Standards Commission shall make a record, in writing, ~~shall be made~~ of the proceedings and ~~of all~~ evidence produced at the hearing and ~~shall be filed~~ shall file the record with the department upon conclusion of the hearing. The hearing ~~shall~~ must 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.

§ 13-42-15

Amended

+2-4

Section 13-42-15 — AMENDED

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~~ must be served upon the certificate holder, and, if applicable, upon the school ~~which~~ that last employed the certificate holder, the commission, and the complainant before the commission.

§ 13-42-17

Amended

+41-16

Section 13-42-17 — AMENDED

Each complaint and answer referenced in § 13-42-12, and ~~all~~ any other investigative information regarding potential discipline of an applicant or certificate holder in the possession of the department, or the Professional ~~Teachers~~ Educators Practices and Standards Commission, ~~and the Professional Administrators Practices and Standards~~ ~~Commission~~ is confidential and not a public record under chapter 1-27 until the commission votes in favor of conducting a contested case hearing. ~~This~~The complaint, answer, and any investigative information may be discovered and disclosed as part of a disciplinary proceeding initiated pursuant to this chapter ~~13-42~~ or chapter 13-43. In addition, if disciplinary action is imposed by the secretary or a the commission pursuant to this chapter ~~13-42~~ or chapter 13-43, ~~this~~ the complaint, answer, and any investigative information may be disclosed to authorities within this state, another 31 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.

§ 13-42-17.1

Amended

-103

Section 13-42-17.1 — AMENDED

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.~~

§ 13-42-9

Amended

+2-12

Section 13-42-9 — AMENDED

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~~ Educators 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~~ thereby; (5) Moral turpitude, as defined in § 22-1-2; or (6) Any other cause specifically allowed by law.

§ 13-43-17

Amended

+69-47

Section 13-43-17 — AMENDED

There is hereby created the ~~South Dakota~~ Professional ~~Teachers~~ Educators Practices and Standards Commission, which ~~shall consist~~ consists of ~~seven~~ nine members: (1) ~~Six representative~~Four members who ~~are employed as full-time teachers~~ hold an active teaching certificate, at least ~~four~~ one of whom ~~shall be classroom teachers.~~ ~~None of the six representatives may be school administrators~~ holds an educational specialist certificate as a school counselor or school psychologist; ~~and~~ (2) Four members who hold an active administrator certificate, at least one of whom holds a school business official permit; and (3) One ~~representative from the general public~~ member who ~~is neither teacher nor~~ ~~school board member~~ does not hold a teaching or administrator certificate, and who is a member of a board of a school district or a parent of a ~~pupil~~ student attending ~~an approved twelve-year program of education~~ a school district in this state.

§ 13-43-17.1

Amended

+9-7

Section 13-43-17.1 — AMENDED

The Professional ~~Teachers~~ Educators 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~~ 31 records, information, and reports in the form and at ~~such~~ the times as required by the secretary of education~~, except that the~~. The commission shall report to the secretary of education at least annually.

§ 13-43-18

Amended

+11-28

Section 13-43-18 — AMENDED

The Governor shall appoint the members of the Professional ~~Teachers~~ Educators 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~~ A term is three years and ~~shall~~ ~~terminate~~ terminates on December ~~thirty-one~~ thirty-first, 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~~ must be made in a manner ~~to be~~ designated by the Governor.

§ 13-43-19

Amended

+12-14

Section 13-43-19 — AMENDED

~~Vacancies~~The Governor shall fill any vacancy on the Professional ~~Teachers~~ Educators Practices and Standards Commission ~~shall be filled by the Governor~~ for the balance of any unexpired term. ~~Members~~ The Governor may ~~be removed by the~~ ~~Governor~~ remove a member for cause.

§ 13-43-20

Amended

+7-3

Section 13-43-20 — AMENDED

The Professional ~~Teachers~~ Educators 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~~ promulgate rules, pursuant to chapter 1-26, to govern its proceedings.

§ 13-43-20.1

Amended

+1-1

Section 13-43-20.1 — AMENDED

The Professional ~~Teachers~~ Educators Practices and Standards Commission may appoint an executive secretary and employ persons to provide such service as the commission may require.

§ 13-43-21

Amended

+12-8

Section 13-43-21 — AMENDED

27 -43-21. The Professional ~~Teachers~~ Educators Practices and Standards Commission shall meet on at the call of the chairperson ~~who, however,~~. The chairperson shall call a meeting ~~upon request of four~~ if requested by at least five of the members.

§ 13-43-23

Amended

+4-13

Section 13-43-23 — AMENDED

Any expense incurred by the Professional ~~Teachers~~ Educators Practices and Standards Commission ~~or the Professional Administrators Practices and Standards~~ ~~Commission~~ in administering the provisions of §§ 13-43-16 to ~~13-43-49~~ 13-43-28.1, inclusive, ~~shall~~ must be paid from the state institute fund. ~~However, the~~ 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.

§ 13-43-25

Amended

+9-6

Section 13-43-25 — AMENDED

The Professional ~~Teachers~~ Educators 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~~ education profession in this state. The commission may make any recommendation to the South Dakota Board of Education Standards or to a board of a school ~~boards which will~~ district to promote an improvement in the ~~teaching~~ education profession.

§ 13-43-28

Amended

+11-14

Section 13-43-28 — AMENDED

After notice and hearing as a contested case under the provisions of chapter 1-26, if the Professional ~~Teachers~~ Educators 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~~ that is in the best interests of the commission, the certificate holder, and the public. The commission ~~does not have the authority to~~ may not deny, ~~not renew,~~ suspend, or revoke, or refuse to renew 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~~ shall promulgate rules, pursuant to chapter 1-26, 31 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.

§ 13-43-28.1

Amended

+17-9

Section 13-43-28.1 — AMENDED

If the Professional ~~Teachers~~ Educators Practices and Standards Commission determines that proceedings to revoke or suspend ~~the~~ a 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 of education and serve a copy of the complaint and findings and conclusions upon the parties before the commission. The commission's complaint ~~shall~~ must 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~~ decide to revoke or suspend the certificate, or may impose other discipline, 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.

§ 13-43-38

Repealed

-744

Section 13-43-38 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

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

Repealed

-490

Section 13-43-39 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

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

Repealed

-569

Section 13-43-40 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

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

Repealed

-230

Section 13-43-41 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

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

Repealed

-269

Section 13-43-42 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

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

Repealed

-205

Section 13-43-43 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

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

Repealed

-198

Section 13-43-44 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~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

Repealed

-543

Section 13-43-45 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

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

Repealed

-1068

Section 13-43-48 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

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

Repealed

-1273

Section 13-43-49 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

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.

§ 13-43-59

Amended

+10-6

Section 13-43-59 — AMENDED

Any person employed in an administrative, teaching, or other educational 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 § 13-43-25. 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~~ Educators 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~~ § 13-43-28.

Section 13-43-49 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.