Get Answers to Your Highest Priority South Dakota Legal Questions
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In South Dakota, can a collective bargaining agreement limit a school district's right to terminate a teacher?
No. Although a collective bargaining agreement between a school district and its teachers may provide additional grounds for termination, no agreement may limit the school district's right to terminate a teacher for the grounds set forth in SDCL 13-43-6.1 to SDCL 13-43-6.3
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In South Dakota, can a teacher's contract be terminated because of the compensation the teacher is receiving?
No. A teacher's employment may not be terminated because of the amount of the teacher's compensation.
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In South Dakota, what is the process for a teacher nonrenewal due to staff reductions?
Notwithstanding SDCL 13-43-6.1 to SDCL 13-43-6.3, if a teacher's contract is not renewed due to a reduction in staff, only written notice is required, which shall be provided by the school board to the teacher by April fifteenth.
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In South Dakota, what is the process to nonrenew a "tenured" teacher?
After a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district (a "tenured" teacher), the due process provisions of SDCL 13-43-6.1 and SDCL 13-43-6.2 apply to any nonrenewal of the teacher's contract. On or before April fifteenth, the superintendent or chief executive officer shall notify the teacher and the school board in writing of the recommendation to not renew the teacher's contract.
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In South Dakota, what is a "probationary" teacher?
Until a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district, the teacher is considered a "probationary" teacher,
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In South Dakota, what is the process to nonrenew a "probationary" teacher?
If a teacher is still on "probationary" status, a school board may or may not renew the teacher's contract. The superintendent or chief executive officer must simply give written notice of nonrenewal by April fifteenth. However, the superintendent or chief executive officer is not required to give further process or a reason for nonrenewal.
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In South Dakota, what is the process for recommending non-renewal of a teacher?
If nonrenewal of a teacher is contemplated (under SDCL 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 the employment records of the teacher;
- the opportunity to the teacher for a hearing before the school board to present reasons in person or in writing why the nonrenewal should not occur; and
- the opportunity to be represented.
The teacher shall request the hearing (as provided in SDCL 13-43-6.9) and the school board shall conduct the hearing not sooner than fourteen days, nor later than forty-five days, after receipt of the teacher's request for hearing. The parties may waive the time limitations provided for in this section.
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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.