Every spring in South Dakota, April 15 means more than taxes. For school administrators, it is also contract season. South Dakota Codified Law Chapter 13-43 lays out how teacher contracts work, when notices must be given, and what rights attach after a teacher has been employed for a certain period of time. Understanding those rules and how they differ from administrator contracts is essential to avoiding unpleasant surprises.
SDCL 13-43-6.3 governs the nonrenewal of teacher contracts. For teachers who have not yet completed four consecutive terms of employment in the same district, often referred to as probationary or nontenured teachers, the school board has broad discretion to renew or not renew a contract. No statutory “cause” is required at that stage. However, just because a teacher is considered probationary/nontenured does not mean that the requirement to provide notice is optional. These teachers must still receive timely written notice of nonrenewal by April 15. Once a teacher reaches the fourth consecutive term, continuing contract (i.e. tenure) rights come into play. At that point, nonrenewal must be based on statutory grounds and follow required procedures, including proper notice and the opportunity for a hearing. Under SDCL 13-43-6.3, written notice of a recommendation to not renew a tenured teacher’s contract must be provided on or before April 15.
Administrator contracts operate differently. The continuing contract framework in chapter 13-43 is designed for teachers, not administrators. Principals, superintendents, and other administrators do not acquire statutory continuing contract rights after four years. There is no tenure-like protection built into SDCL 13-43-6.3 for administrators. Instead, administrators’ rights are defined by the terms of their individual contracts and applicable board policies. An administrator is not “nonrenewed” in the same statutory sense as a teacher; rather, the contract simply expires according to its terms unless renewed. If a board wishes to end or decline to extend an administrator’s contract, the governing document is the contract itself, not the teacher continuing contract statutes. If you have not issued administrator contracts for the 2026-27 school year, now is a great time to have them reviewed by legal counsel to ensure they do not grant any tenure rights in favor of administrators that are neither required nor intended. We also offer standard principal, superintendent, business manager, and administrator contracts, in addition to teacher contracts.
If you have any questions about this process and would like to walk through your administrator or teacher contracts, please reach out to us at ksb@ksbschoollaw.com.