13-42-12. Procedures for revocation or suspension of certificate.
Except as provided in §13-42-10, any person may initiate proceedings for the revocation or suspension of a certificate. A written complaint shall be filed with the Professional Teachers Practices and Standards Commission or the Professional Administrators Practices and Standards Commission. The complaint shall specify generally the nature and character of the charges, and within five days after filing, a copy of the complaint shall be served upon the certificate holder in person or by registered or certified mail addressed to the person's last known address. The certificate holder shall, within thirty days after the service of the complaint, file with the commission a written answer to the charges specified. The hearing shall be conducted consistent with the requirements of chapter 1-26. Each commission may promulgate rules, pursuant to chapter 1-26, to further define the standards and procedures for conducting hearings and for filing, investigating, and resolving complaints.
Source: SL 1955, ch 41, ch 16, §6; SDC Supp 1960, §15.3806; SL 1975, ch 128, §300; SL 1985, ch 138; SL 1985, ch 139, §16; SL 1989, ch 153, §7; SL 1994, ch 132, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2015, ch 98, §10.
Structure South Dakota Codified Laws
Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents
Section 13-42-1 - Definitions.
Section 13-42-3 - Certification of educational professionals--Promulgation of Rules.
Section 13-42-4 - Issuance of certificates by secretary.
Section 13-42-4.2 - Investigations by secretary.
Section 13-42-5.1 - Use of institute funds--Vouchers and warrants.
Section 13-42-6 - Oath or affirmation of allegiance required--Aliens excepted.
Section 13-42-9 - Grounds for refusal to issue or renew certificate or for revocation or suspension.
Section 13-42-10 - Suspension or refusal to issue or renew certificate for breach of contract.
Section 13-42-12 - Procedures for revocation or suspension of certificate.
Section 13-42-16 - Appeal to circuit court from revocation or suspension of certificate.
Section 13-42-17 - Confidentiality of investigative information--Disclosure.
Section 13-42-17.1 - Public and confidential records--Disclosure.
Section 13-42-17.2 - Costs of contested case proceeding.
Section 13-42-19 - Secretary as "designated state official".
Section 13-42-20 - Filing and publication of contracts.
Section 13-42-27 - Board to review certification process and establish revised standards.
Section 13-42-28 - Board to establish alternative certification program.
Section 13-42-33 - Promulgation of rules on performance standards.
Section 13-42-34 - Teacher evaluations.
Section 13-42-35 - Work group to develop model evaluation instrument.
Section 13-42-68 - Temporary certificate for spouses of military personnel.
Section 13-42-69 - Duration of expedited certificate.
Section 13-42-70 - Evaluation records and documents not open to inspection or copying.
Section 13-42-71 - Suicide awareness and prevention training requirements.
Section 13-42-72 - Immunity from liability regarding suicide awareness and prevention training.