The Swier Law Firm Education Law FAQs
Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.
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In South Dakota, under what circumstances can a teacher be non-renewed?
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 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.
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In South Dakota, under what circumstances can a teacher be terminated?
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.
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In South Dakota, how many years can a teacher's contract cover?
A teacher's 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.
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What does a South Dakota teacher's contract need to include?
The teacher's contract must specify:
- the date at or about which the school year shall begin;
- the term of employment;
- the wages per month; and
- the time of payment.
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In South Dakota, who has the authority to sign a teacher's contract?
A South Dakota teacher's writtten contract must be signed by the teacher, the president of the school board, and the business manager of the school district.
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In South Dakota, does a teacher need a written contract?
Yes. A teacher can be employed only upon a written contract signed by the teacher and by the president of the school board and business manager of the school district.
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In South Dakota, can a teacher serve as a school board member in the same school district?
No. No person employed to teach or to draw public money as a teacher may serve as a board member in the same school district.
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What is the South Dakota Indian Education Advisory Council?
The Indian Education Advisory Council consists of representatives of all nine tribes in South Dakota along with Native American educators from all parts of the state. The nine representatives of the tribes are appointed from nominations submitted by the tribal councils of each of the tribes. The council members serve for three-year terms.
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What is the South Dakota Office of Indian Education?
The Office of Indian Education supports initiatives so that South Dakota's students and public school instructional staff become aware of and gain an appreciation of South Dakota's unique American Indian culture.
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In South Dakota, can a school board hire a teacher whose certification is revoked or suspended?
No. Under South Dakota law, no school board may employ a person whose certificate is revoked or suspended.