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.

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.