(Senate Bill 167)
An Act to clarify the certification process for teachers and school administrators.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 13-42-9 be AMENDED:
The secretary may
refuse to issue
or renew, or
any certificate for:
of the code of ethics, established pursuant to § 13-43-25
or 13-43-45, as determined
by the Professional Teachers Practices and Standards Commission or
the Professional Administrators Practices and Standards Commission
that a violation of the code of ethics established pursuant to
§ 13-43-25 or 13-43-45 exists;
(3) Flagrant neglect of duty;
(4) Failure to fulfill any requirement for certification imposed pursuant to this chapter or chapter 13-43 and rules promulgated thereto;
(5) Moral turpitude, as defined in § 22-1-2; or
(6) Any other cause specifically allowed by law.
Section 2. That § 13-42-67 be AMENDED:
Unless there is
cause to refuse to issue the certificate pursuant to
inclusive, the secretary shall, within thirty days of receiving a
completed application, issue a teaching certificate to an applicant
whose application has been deemed completed by the Department of
(1) Who holds in good standing a valid certificate issued by another state or the District of Columbia;
(2) Who is an active duty member of the armed forces of the United States or the spouse of an active duty member of the armed forces of the United States; and
(3) Who is the subject of a military transfer to South Dakota.
An application is considered complete once the department has received all required documentation necessary to process the application. No applicant for a certificate issued pursuant to this section is required to pay an application fee or any other fee payable to the department.
If the secretary denies the issuance of a certificate to an applicant pursuant to this section, the secretary shall report the denial and the reasons for the denial to the Department of Labor and Regulation.
Section 3. That § 13-42-7 be REPEALED:
secretary may refuse to issue or renew a certificate at any time for
any of the reasons referenced in § 13-42-9
Signed March 21, 2022
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.