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.

About Swier School Law Counsel™​

Swier School Law Counsel™ is a boutique education law department within Swier Law Firm.

We recognize the needs of South Dakota's school officials to obtain first-rate legal advice on a broad range of issues. Our attorneys provide creative, timely, and cost-efficient legal strategies that balance the needs of students, parents, employees, and citizens with the interests of keeping a school district on solid legal footing.

Swier School Law Counsel™ and its attorneys author The South Dakota School Law Deskbook™ and South Dakota School Law Notes™. The Group's attorneys also have years of experience teaching the popular "Education and the Law" class at the University of South Dakota School of Law. 

Swier Law Firm has served as legal counsel for school districts throughout the state and for the School Administrators of South Dakota and its membership. SASD is an educational association comprised of over 800 school administrators (Superintendents, Business Managers, Principals, Special Education Directors, and Curriculum Directors) throughout South Dakota.