OPINION: Governor has right idea, wrong plan on teacher merit pay
January 21, 2012 at 4:27 am in The Daily Republic
We respectfully disagree with your assertions and endorsement of the governor’s new proposal for teacher pay in the state of South Dakota. We submit to you and your readers the following as to why we do not support the governor’s plan on teacher compensation. Continue Reading

Who in their right mind would want to teach in South Dakota without a tenure system when they can go across the border into Wyoming and make $10,000 more their first year? Enticing them with $3500 doesn’t make up for the rock-bottom salaries and lack of respect that teachers have in South Dakota. Knowing the SD legislature, as soon as they find a higher budget priority (meaning anything other than education), they will drop the bonus. There’s no guarantee that they will continue giving the bonus in the future. The state legislature needs to raise the salaries of all teachers before even thinking about merit increases.
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Yes, the South Dakota teacher “tenure” system is certainly a burden on school districts.
Teachers are offered contracts for 1 year up to a maximum of 3 years. During the term of the contract a teacher can only be terminated for “just cause, including breach of contract, poor performance, incompetency, gross immorality, unprofessional conduct, insubordination, neglect of duty, or the violation of any policy or regulation of the school district.” SDCL 13-43-6.1.
The same statute provides that during the first 3 years a teacher works for a school district there is NO requirement that the district renew the teacher’s contract. There is no requirement that there be any reason for, or explanation of, non-renewal.
In and after the 4th year of employment with the same district, a teacher must be offered a renewal contract. However, he or she is still subject to termination at any time, or non-renewal at the end of the contract term, if there is a showing of “just cause, including breach of contract, poor performance, incompetency, gross immorality, unprofessional conduct, insubordination, neglect of duty, or the violation of any policy or regulation of the school district.” SDCL 13-43-6.1 and 6.3.
What is “teacher tenure”? The right to keep your job unless there is a showing of breach of contract, poor performance, incompetency, gross immorality, unprofessional conduct, insubordination, neglect of duty, or the violation of any policy or regulation of the school district.
Yes, that is much greater right than is enjoyed by the majority of South Dakota employees. By and large South Dakota is an “at will” employment state. As an “at will” employee your job can end at any time for no reason at all.
South Dakota teachers – who are required to have degrees, maintain professional certificates, undertake regular continuing education, continually improve their skills and training to renew their state issued licenses, and who are some of the lowest paid educators in the United States – have a modicum of protection from being fired WITHOUT CAUSE.
That’s it. A school district most certainly can terminate, or non-renew as it deems appropriate, an Incompetent, immoral, insubordinate, lazy, or unprofessional teacher. The district just has to document a reason for its action.
The vast majority of private employers regularly evaluate employee performance for purposes ranging from continued employment to eligibility for raises and promotions. School districts also regularly evaluate teacher performance.
Wait a minute – true merit pay will require evaluation of performance!
If school districts have to do away with tenure protection because it’s so difficult to evaluate performance for purposes of termination or non-renewal, HOW THE HECK DO THEY INTEND TO EVALUATE FOR MERIT PAY PURPOSES?
The Governor’s recommendations are seriously flawed. Look closely, legislators, before you jump into the fray.
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