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Law requires reporting when
criminal conviction involved
As we head into a new school year,
superintendents should be reminded of mandatory reporting
requirements related to the suspension or resignation of an
employee due to criminal conviction.
Existing statutory language reads as follows:
13-10-15. Suspension or resignation of employee for criminal
conviction -- Reporting. If a school board or governing body of
any accredited school suspends an employee or an employee
resigns or is terminated as a result of a criminal conviction,
the superintendent or chief administrator shall, within ten days
of the date of the suspension or the date the employment is
severed, report the circumstances and the name of the employee
to 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.
SDCL 13-8-48 identifies financial sanctions for any school
district employee who fails to make a report as noted above.
South Dakota law also provides for a
Code of Ethics for Administrators and a
Code of Ethics for Teachers. All teachers and administrators
in the state are bound by the appropriate code. The Department
of Education strongly encourages superintendents to inform
employees about the Code of Ethics.
To report a violation of either Code of Ethics or to determine
whether an action should be reported, please contact Lisa
Lomheim at the Department of Education, (605) 773-4705.
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