2024 South Dakota Legislature

House Bill 1021

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