An Act to merge the Professional Teachers Practices and Standards Commission and the Professional Administrators Practices and Standards Commission.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That   13-42-9 be AMENDED:
13-42-9.
The secretary may
refuse to issue or renew, or may
revoke
or,
suspend,
or refuse to issue or renew
any certificate for:
(1) Incompetency;
(2) A
determination by the Professional Teachers Practices and Standards
Commission or the Professional Administrators Practices and Standards
Commission that aA
violation of
the code of ethics established pursuant to   13-43-25
or 13-43-45
exists,
as determined by the Professional Educators Practices and Standards
Commission;
(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   13-42-12 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 written complaint shall be filed with the
Professional
Teachers
Educators
Practices and Standards Commission
or the Professional Administrators Practices and Standards
Commission. The
and the
complaint shall specify
generally
the nature and character of the charges,
and within five.
The commission shall, within ten business
days after filing,
serve 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
The 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.
Section 3. 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 be served upon
the certificate holder, and, if applicable, upon the school
which
that last
employed the certificate holder, the commission, and the complainant
before the commission.
Section 4. That   13-42-17 be AMENDED:
13-42-17.
Each complaint and
answer referenced in   13-42-12
and all other investigative information regarding potential
discipline of an applicant or certificate holder in the possession of
the department,
and the
Professional
Teachers
Educators
Practices and Standards Commission,
and the Professional Administrators Practices and Standards
Commission
is confidential. This information may be discovered and disclosed as
part of a disciplinary proceeding initiated pursuant to chapter 13-42
or 13-43.
In addition, if
If the
secretary or the commission impose
disciplinary action
is imposed by the secretary or a commission
pursuant to chapter 13-42
or 13-43,
this information may be disclosed to authorities within this state,
another state, the District of Columbia, or a territory or country in
which the applicant or certificate holder holds a certificate or has
applied for a certificate.
Section 5. That   13-43-17 be AMENDED:
13-43-17.
There is hereby
created the South Dakota Professional
Teachers
Educators
Practices and Standards Commission, which shall consist of seven
members:
(1) Six
representativeThree
members
who are employed as full‑time teachers, at least four of whom
shall be classroom teachers. None of the six representatives may be
school administrators
who each hold an active teaching certificate;
and
(2) Three members who each hold an active administrator certificate; and
(3) One
representative from the general public
member who
is neither teacher nor school board
is not a certified teacher, administrator, or other educational
professional, and who is either a
member
and who
of a school board or
is a parent of a
pupil attending an approved twelve‑year program of education
student in the South Dakota K-12 education system.
Section 6. That   13-43-17.1 be AMENDED:
13-43-17.1.
The Professional
Teachers
Educators
Practices and Standards Commission shall operate within the
Department of Education, and shall retain all its prescribed
functions, including administrative functions. The commission shall
submit
such
the records,
information, and reports in the form and at
such times as
the time
required by the secretary of education, except that the commission
shall report at least annually.
Section 7. That   13-43-18 be AMENDED:
13-43-18.
The members of the
Professional
Teachers
Educators
Practices and Standards Commission
shall be
are appointed
by the Governor in a manner to be designated by the Governor. The
terms