Professional Practices
Information on the professional practices commissions and the complaint procedures are located on this page. NOTE: The commissions will not accept unsigned or anonymous complaints from any party.
The meetings of both commissions may be held quarterly. More often, they are called on an "as-needed" basis when complaints, hearings, or other responsibilities must be addressed. Business is conducted through regular in-person meetings or by telephone conference call.
Meeting Information:
- Professional Administrators Practices and Standards Commission
- Professional Teachers Practices and Standards Commission
- Educator Disciplinary Action
Professional Administrators Practices and Standards Commission
The Professional Administrators Practices and Standards Commission (PAPSC) is composed of five administrators, one school board member, and one parent, appointed by the Governor. SDCL §§ 13-43-38 through 13-43-50, 13-43-59 outline the commission's authority, procedures and responsibilities. The Code of Ethics and its companion complaint procedure are contained in the commission's administrative rules, ARSD Chapter 24:11.
The Code of Ethics for Administrators contains 15 statements which broadly cover decision making, conduct, and responsibilities for persons whose duties address operation of a school district.
Commission members believe it is important that all administrators be acquainted with the Code of Ethics for Administrators; therefore, copies of the code are sent with each new administrator certificate and renewal.
A person alleging a violation of the code of professional ethics may request, either orally or in writing, a complaint form from the executive secretary of the Professional Administrators Practices and Standards Commission. Within 10 days after notice to the executive secretary, the executive secretary shall provide to the person bringing the complaint a copy of the code of professional ethics and a form provided by the commission for the purpose of filing a formal written complaint. The formal written complaint shall identify the sections of the code of professional ethics alleged to be violated, the name and position of the administrator involved, and local efforts to resolve the problem. Charges of violations of the code of ethics must be based on violations that have occurred within the three years previous to the receipt of the formal written complaint by the executive secretary of the commission. ARSD 24:11:04:01.The written complaint is provided to the administrator for a response.
Upon receipt of the complaint and the response, the commission meets in person or by conference call.
The commission may:
- Dismiss the complaint
- Conduct an investigation
- Move to a hearing
When a hearing is held, both parties have the right to present evidence regarding their position relevant to the complaint, with or without legal counsel.
After the hearing is completed, the commission may:
- Dismiss the complaint for lack of sufficient evidence presented
- Issue a private or public reprimand
- Recommend a disciplinary action which may be implemented by the appropriate governing body
- Recommend to the Secretary of Education that the certificate be suspended or revoked
The hearing process can, and does, result in positive outcomes. Problems which are identified and documented can be addressed by the commission in an effort to work toward needed changes and improvements.
Privacy and confidentiality issues pertain to all parties involved pursuant to ARSD 24:11:04:04 which reads:
ARSD 24:11:04:04. Confidentiality of private hearing. If the formal hearing is private, the findings of fact, conclusions of law, and decision of the commission are confidential and may be released to the complainant or complainants, the respondent, the members of the appropriate educational governing board, and the Secretary of the Department of Education. This section does not limit the commission's ability to issue a public reprimand.
The PAPSC can be contacted at the Department of Education, 800 Governors Drive, Pierre, SD 57501 (605) 773-3134.
Professional Teachers Practices and Standards Commission
The Professional Teachers Practices and Standards Commission (PTPSC) is composed of six teachers and one parent, appointed by the Governor. SDCL §§ 13-43-17 through 13-43-30 outline the commission's authority, procedures and responsibilities. The Code of Ethics and its companion complaint procedure are contained in the commission's administrative rules, ARSD Chapter 24:08.
The Code of Ethics for Teachers is made up of three sections: Obligations to Students; Obligations to the Public; and Obligations to the Profession.
A person alleging a violation of the code of professional ethics may request, either orally or in writing, a complaint form from the executive secretary of the Professional Teachers Practices and Standards Commission. Within ten days after notice to the executive secretary, the executive secretary shall provide to the person bringing the complaint a copy of the code of professional ethics and a form provided by the commission for the purpose of filing a formal written complaint. The formal written complaint shall identify the sections of the code of professional ethics alleged to be violated, the name and position of the individual involved, and local efforts to resolve the problem. Charges of violations of the code of ethics must be based on violations that have occurred within the three years previous to the receipt of the formal written complaint by the executive secretary of the commission. ARSD 24:08:04.01:01. The written complaint is provided to the teacher for a response.
Upon receipt of a written complaint, the commission meets in person or by conference call.
The commission may:
- Dismiss the complaint
- Conduct an investigation
- Move to a hearing on the issue(s) presented in the complaint
When a hearing is held, both parties have the right to present evidence regarding their position relevant to the complaint, with or without legal counsel.
After the hearing the commission may:
- Dismiss the complaint for lack of sufficient evidence presented
- Issue a private or public reprimand
- Recommend a disciplinary action which may be implemented by the appropriate governing body
- Recommend to the Secretary of Education that the teaching certificate be suspended or revoked
Privacy and confidentiality issues pertain to all parties involved pursuant to ARSD 24:08:04.01:04: which reads:
ARSD 24:08:04.01:04. Confidentiality of private hearing. If the formal hearing is private, the findings of fact, conclusions of law, and decision of the commission are confidential and shall be released only to the complainant or complainants and the respondent. However, at the discretion of the commission, such information may be released to the members of the appropriate governing body and the secretary of the Department of Education. This section does not limit the commission's ability to issue a public reprimand.