13-42-3. Certification of educational professionals--Promulgation of Rules.
The South Dakota Board of Education Standards shall promulgate rules, pursuant to chapter 1-26, to establish the requirements and criteria that an applicant shall meet in order to be issued a certificate by the secretary as a teacher, administrator, or other educational professional authorizing the holder of the certificate to accept a position in any elementary or secondary school in the grades and fields specified by the certificate. The rules shall specify the duration and the method of renewal, the amount of the fee for issuing the certificate, the application procedures and documentation requirements for certificates, the endorsements to certificates, the requirements for certification, the procedures for denial or nonrenewal of a certificate and disciplinary proceedings and assessment of costs, the procedures for requesting an inactive status and reinstatement, the procedures and costs for reinstatement of an invalid certificate, the definition of inactive certificate status, the procedures for processing applications and issuing certificates for military spouses, the procedures for granting reciprocity for any teacher who is certified to teach in another state and has completed an accredited teacher education program, and other procedures necessary for the administration of certification.
In addition to teacher certificate renewal based on academic coursework, the rules for teacher certificate renewal shall include guidelines and criteria by which an applicant may receive credit toward renewal based on private or public sector experience that was not obtained through academic coursework if the experience is related to the applicant's teaching field. Any change to a rule promulgated pursuant to this section that increases the educational requirements an applicant shall meet to qualify for a certificate shall be preceded by at least two years' notice before the effective date of the change. The two-year notice requirement does not apply to an increase in the application fee, which must comply with §§1-26-4.8 and 1-26-6.9.
Source: SDC 1939, §15.3716; SL 1939, ch 48; SL 1947, ch 76; SL 1955, ch 41, ch 16, §§2, 4; SDC Supp 1960, §§15.3802, 15.3804; SDCL §13-42-5; SL 1973, ch 93, §2; SL 1975, ch 128, §295; SL 1985, ch 137; SL 1989, ch 153, §7; SL 1994, ch 131; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2013, ch 170, §9; SL 2015, ch 98, §3; SL 2016, ch 80, §4; SL 2017, ch 81, §57; SL 2020, ch 62, § 1.
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.