Section 13-42-12 - Initiation of proceedings for revocation of certificate--Notices--Hearing--Independent examiner.
13-42-12. Initiation of proceedings for revocation of certificate--Notices--Hearing--Independent examiner. The school board or governing body employing a teacher or administrator, the professional teachers practices and standards commission, professional administrators practices and standards commission, or the secretary of the Department of Education may initiate proceedings for the revocation of a teacher's or administrator's certificate. A written complaint shall be filed in the office of the secretary of the Department of Education. The complaint shall specify generally the nature and character of the charges, and within five days after filing, a copy of the complaint shall be served upon the teacher or administrator in person or by registered or certified mail addressed to the teacher's or administrator's last known address. The teacher or administrator shall, within fifteen days after the service of the copy, file with the secretary of the Department of Education an answer to the charges specified. The secretary of the Department of Education shall thereupon fix in writing a time for a hearing on the complaint and serve a copy thereof in the same manner as provided for the service of a complaint on the teacher or administrator. The hearing shall be conducted by the secretary of the Department of Education or the secretary's representative.
If the secretary of the Department of Education initiates proceedings for the revocation of a teacher's or administrator's certificate, the South Dakota Board of Education shall designate an independent examiner to conduct the hearing, whose decision is final, subject to the provisions of chapter 1-26.
Source: SL 1955, ch 41, ch 16, § 6; SDC Supp 1960, § 15.3806; SL 1975, ch 128, § 300; SL 1985, ch 138; SL 1985, ch 139, § 16; SL 1989, ch 153, § 7; SL 1994, ch 132, § 1; SL 2003, ch 272, § 63.