The Swier Law Firm Education Law FAQs

Yes. If there is reasonable cause to believe that a school district 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 the certification of health ia paid by the school.

Yes. Individuals employed in an administrative capacity, but who do not hold a valid South Dakota certificate, are subject to the Code of Professional Ethics.

Yes. In South Dakota, anyone employed in an administrative capacity, but who does not hold a valid South Dakota certificate, is subject to the code of professional ethics.

Under the State of South Dakota's newly-issued "Back to Normal" Plan, each school district should make its own decisions about the remainder of the school year. School districts are encouraged to take steps to contact all students and assess student learning.

Over the past few days, we've had a number of questions regarding South Dakota's teacher non-renewal laws and their applicability in the age of the coronavirus. Here are five fundamentals for teacher non-renewals and our law firm's suggestions as to how to move forward.

Fundamental #1 - Reasons Needed for Non-Renewal of Tenured Teacher's Contract

SDCL 13-43-6.1 provides:

A school district may non-renew a teacher who is in or beyond the fourth consecutive term of employment as a teacher with the school district (i.e., a "tenured" teacher) 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.

Fundamental #2 - Date By Which Recommendation for Non-Renewal of Tenured Teacher's Contract Must Be Given

SDCL 13-43-6.3 provides:

After a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district (i.e., a "tenured" teacher), the superintendent or chief executive officer must notify the teacher and the school board in writing of the recommendation to not renew the teacher's contract on or before April fifteenth.

Fundamental #3 - Reasons Needed for Non-Renewal of Non-Tenured Teacher's Contract

SDCL 13-43-6.3 provides:

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.

In other words, an administrator does not have to give any reason for the non-renewal of a non-tenured teacher's contract.

Fundamental #4 - Date By Which Recommendation for Non-Renewal of Non-Tenured Teacher's Contract Must Be Given

SDCL 13-43-6.3 provides:

The superintendent or chief executive officer must give written notice of nonrenewal to a non-tenured teacher by April fifteenth.

Fundamental #5 - Does the Coronavirus Impact These Non-Renewal Dates?

Our law firm's recommendation is that school administrators should continue to follow the law which requires notice of non-renewal be given on or before April fifteenth. Although we are all in "unchartered waters" when it comes to the coronavirus' impact on our schools, the most prudent way of moving forward is to continue to follow the law as written.

If you have any questions regarding these issues, please feel free to contact our office.

A school district which overlaps boundaries of a county is considered to be in the county where the majority of the children belonging to the district reside as determined by the fall submission of student enrollment data. 

Yes. Under South Dakota law, a school district must provide students the opportunity to salute the United States and the flag each day by reciting the pledge of allegiance.

Yes. In Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls, the United States Supreme Court held that mandatory, suspicionless drug testing of public high school students participating in extracurricular activities is a constitutionally reasonable intrusion that furthers a public school’s legitimate interest in deterring drug use among children. 

The Supreme Court further found that a public school does not need to demonstrate a pervasive drug problem among the population subject to testing to warrant the intrusion. 

In sum, the Supreme Court determined that the government’s compelling interest in preventing and eradicating drug use among children outweighs the limited privacy expectations held by public middle and high school students. 

For more information about searches and seizures in our state's public schools, read Chapter 18 of the South Dakota School Law Deskbook™.

The South Dakota School Counseling Association (SDSCA) offers a Mentoring Program to members who are newer to the field of school counseling or are new to South Dakota.

SDSCA attempts to match members with experienced school counselors in similar grade levels and/or geographic areas. Mentors field questions, provide information for resources, help with networking, and offer support. 

For more about the SDSCA's Mentoring Program - click here.

In South Dakota, any person who has contact with a child through the performance of services in any public or private school, whether accredited or unaccredited, as a teacher, school nurse, school counselor, school official or administrator, or any person providing services under S.D.C.L. § 13-27-3 (alternative instruction) must notify the school principal or school superintendent or designee of suspected abuse or neglect.