An Act to modify provisions regarding educator complaints.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 13-10 be amended with a NEW SECTION:

If the board of a school district, governing board of an accredited school, superintendent, or chief administrator has reasonable cause to suspect an employee has violated the code of professional ethics adopted by the Professional Educators Practices and Standards Commission pursuant to   13-43-25, the superintendent or chief administrator shall, within fifteen days, report the alleged violation and the name of the employee to the director of certification within the Department of Education. Any superintendent or chief administrator who fails to report under this section is subject to sanctions found in   13-8-48.

Section 2. That   13-42-1 be AMENDED:

13-42-1. Terms used in this chapter and    13-43-16 to 13-43-49, inclusive, chapter 13-43 mean:

(1) "Administrator," a superintendent, principal, or other person whose assigned duties require the person to be issued a certificate as an administrator;

(2) "Applicant," an individual who has applied for a certificate, either through an initial application or a renewal application;

(3) "Certificate," a certificate and endorsements required by the South Dakota Board of Education Standards pursuant to   13-42-3 for a teacher, administrator, or other educational professional which that authorize the certificate holder to work in assigned grades and fields;

(4) "Department," the South Dakota Department of Education;

(5) "Other educational professional," an instructor, school service specialist, or other person whose duties require the person to be issued a certificate;

(6) "Secretary," the secretary of the department;

(7) "Teacher," a person whose assigned duties require the person to be issued a certificate as a teacher.

Section 3. That   13-42-9 be AMENDED:

13-42-9. The secretary may refuse to issue or renew, or may revoke or suspend, any certificate for:

(1) Incompetency;

(2) A determination by the Professional Teachers Educators 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 thereby;

(5) Moral turpitude, as defined in   22-1-2; or

(6) Any other cause specifically allowed by law.

Section 4. That   13-42-12 be AMENDED:

13-42-12. Except as provided in   13-42-10, any person may initiate proceedings for the revocation or suspension of a certificate. A file a written complaint shall be filed against a certificate holder with the Professional Teachers Educators Practices and Standards Commission or the Professional Administrators Practices and Standards Commission. The In order to be considered by the commission, the complaint shall

specify generally must specify the nature and character of the charges, and within five days after filing, a copy of the complaint shall be served. The commission shall serve the complaint upon the certificate holder in person or by registered or certified mail addressed to the person's last known address within ten business days of the date the complaint was filed.

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 If the commission votes to hold a hearing shall on the complaint, the hearing must be conducted consistent with the requirements of chapter 1-26. Each The commission may shall promulgate rules, pursuant to chapter 1-26, to further define the standards and procedures for conducting hearings and for filing, investigating, and resolving complaints.

Section 5. That   13-42-14 be AMENDED:

13-42-14. TheAt the hearing referenced in   13-42-12 may be either private or public, as the certificate holder may elect, and the certificate holder may appear in person or by counsel and produce evidence at the hearing. Each witness shall be sworn before testifying, and the official conducting the hearing may administer the oath prescribed by law for witnesses in judicial proceedings. A The Professional Educators Practices and Standards Commission shall make a record, in writing, shall be made of the proceedings and of all evidence produced at the hearing and shall be filed shall file the record with the department upon conclusion of the hearing. The hearing shall must be held in Pierre unless good cause is shown to justify moving the hearing to another location for the convenience of the parties and witnesses.

Section 6. That   13-42-15 be AMENDED:

13-42-15. The secretary shall make a decision within thirty days from receipt of a complaint pursuant to   13-43-28.1 or 13-43-49. In case of suspension or revocation, the secretary shall fix the date at which the suspension or revocation becomes effective and, in case of suspension, the duration of the suspension. The order and findings of fact and conclusions of law of the secretary shall must be served upon the certificate holder, and, if applicable, upon the school which that