The Swier Law Firm Education Law FAQs

Swier Law Firm FAQ

 

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, how must a notice to terminate or nonrenew be provided to a teacher?

    Delivery of any notification to a teacher to recommend termination or nonrenewal must be provided by:

    1. certified mail with return receipt signed by the teacher;
    2. personal delivery shown by a receipt signed by the teacher; or
    3. an affidavit of personal service made by a person authorized to effect personal service.

  • In South Dakota, what is the process to terminate a teacher?

    If termination of a teacher is contemplated under SDCL 13-43-6.1, written notice of a recommendation for termination must be presented to the teacher and the school board by the superintendent or chief executive officer.  The recommendation must state the reason or reasons  upon which the recommendation is based, and the effective date of the recommended termination.

    In addition, the notice shall identify the following rights:

                 (1)      Access to the teacher's employment records;
                 (2)      Upon request, a hearing before the school board to present reasons in person or in writing why the termination should not occur; and
                 (3)      The right to be represented at the hearing at the teacher's cost.
     
    The school board shall conduct the hearing, no sooner than fourteen days, and no later than forty-five days, after receipt of the written request for a hearing. The parties may waive these time limitations. If no hearing is requested by the teacher within the time and manner provided in § 13-43-6.9, the right to a hearing shall be deemed waived by the teacher; and the school board shall thereafter act on the recommendation without further notice or hearing.

  • In South Dakota, can a collective bargaining agreement limit the due process rights available to a teacher?

    No.  Although a collective bargaining agreement between a school district and its teachers may set forth provisions as to procedure or notice, no agreement may limit the protection afforded to a teacher under SDCL 13-43-6.5.

  • 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

  • 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.

  • 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.

  • 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.

  • 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,

  • 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.

  • 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.