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.
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