State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
|695T0019||HOUSE BILL NO. 1145|
Introduced by: Representatives Olson (Betty), Hansen (Jon), Jensen, Kirkeby, and Venner and Senators Brown, Begalka, Lederman, Maher, and Peters
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 § 13-43-6.9. 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.
Section 3. That § 13-43-6.3 be amended to read as follows:
Until a teacher is in or beyond the fourth consecutive term of employment as a
teacher with the school district, a A school board may or may not renew the any teacher's
contract. The superintendent or chief executive officer shall give written notice of nonrenewal
to the teacher and to the school board by April fifteenth, but is not required to give further
process or a any reason for nonrenewal.
by the school board to the teacher by April fifteenth.
Section 5. That § 13-43-6.6 be amended to read as follows:
13-43-6.6. Although a collective bargaining agreement between a district and its teachers may set forth specific additional grounds for termination or set forth provisions as to the procedure or notice, no agreement may limit the district's right to terminate a teacher for the grounds set forth in
§§ 13-43-6.1 to 13-43-6.3, inclusive. No agreement may limit the protection
afforded to a teacher under § 13-43-6.5 § 13-43-6.1.
Section 6. That § 13-43-6.8 be amended to read as follows:
13-43-6.8. Delivery of any notification to the teacher pursuant to
§ 13-43-6.2 or 13-43-6.7
§ 13-43-6.7 shall be established by certified mail with return receipt signed by the teacher,
personal delivery evidenced by a receipt signed by the teacher, or affidavit of personal service
made by a person authorized to effect personal service.
Section 7. That § 13-43-6.9 be amended to read as follows:
13-43-6.9. Delivery of a written request for a hearing provided by
§ 13-43-6.2 or 13-43-6.7
§ 13-43-6.7 shall be established by certified mail with return receipt signed by the
superintendent, chief executive officer, or board member, or a person authorized to accept
certified mail for the district, or personal delivery evidenced by a receipt signed by the
superintendent, chief executive officer, or board member, or an affidavit of personal service
upon the district made by a person authorized to effect personal service no later than fifteen days
after receipt of the notice by the teacher.