The Swier Law Firm Education Law FAQs

Yes.  A school bus driver has the authority to use physical force that is reasonable and necessary while students are riding, boarding, or leaving the bus.

Superintendents, principals, supervisors, and teachers and their aids and assistants, have the authority to use the physical force that is reasonable and necessary for supervisory control over students.

Superintendents and principals may discipline students for aggressive or violent behavior that disrupts school or that affects a health or safety factor of the school or its programs.

Superintendents, principals, supervisors, and teachers have disciplinary authority over all students while the students are (1) in school; or (2) participating in or attending school sponsored activities whether on or off school premises.

There are primarily two bid limits for a South Dakota school district to consider when entering into purchase contracts:

First, if the school district intends to enter into a contract for any public improvement that involves the expenditure of fifty thousand dollars or more.

Second, if the school district purchases supplies or services, other than professional services, that involve the expenditure of twenty five thousand dollars or more.

The South Dakota Professional Administrators Practices and Standards Commission consists of seven members:

             (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.

The members of the Professional Teachers Practices and Standards Commission are appointed by the Governor.

The South Dakota Professional Teachers Practices and Standards Commission consists of seven members:

             (1)      Six representative members who are employed as full-time teachers, at least four of whom shall be classroom teachers. None of the six representatives may be school administrators; and

             (2)      One representative from the general public who is neither teacher nor school board member and who is a parent of a pupil attending an approved twelve-year program of education.

Yes.  The South Dakota Legislature has declared teaching to be a profession. The Legislature stated that "It is declared to be in the interest of the state that the profession be recognized and that the profession accept its responsibilities in the development and promotion of standards of ethics, conduct, performance, preparation, and practices. . . . the teaching profession includes those persons certificated by the secretary of the Department of Education as classroom teachers, administrators, and other education specialists employed in public, federal, and private schools."

Delivery of a teacher's written request for a hearing must be established by:

1. certified mail with return receipt signed by the superintendent, chief executive officer, or board member, or a person authorized to accept certified mail for the school district; or
2. personal delivery evidenced by a receipt signed by the superintendent, chief executive officer, or board member; or
3. an affidavit of personal service upon the school district made by a person authorized to effect personal service no later than fifteen days after receipt of the notice by the teacher.