In December of last year, the SD Department of Education changed the definition of what it means to be a “long-term substitute.” Under the new rule, any educator who taught for longer than six weeks would no longer be a “substitute,” but would effectively become a “teacher” and would therefore have to be certified. The Department’s stated goals were understandable--ensuring students are taught by certified staff as often as possible. However, finding substitutes was already highly difficult for South Dakota schools, and this rule made it even more onerous to find substitutes for the times schools need them the most.
Fortunately, the Department has listened to some of the ideas of stakeholders in the state, and began the process of pulling back their new rule in fall of this year. The updated rule cleared its last hurdle recently, when the legislative committee approved it on November 15. The updated rule will take effect on December 7.
So, what does it actually say?! The Department did not undo their more specific definition entirely, but inserted some exceptions for the instances where schools’ need for substitutes most often arises. The default is that a “long-term” substitute still needs certification, unless one of the following applies:
The person substitutes for a vacant position for less than 45 cumulative school days while the District tries to find a permanent teacher;
The person substitutes for a teacher who is on FMLA leave; or
The person substituting has an inactive certificate.
Practically speaking, if you have a teacher resign in September, you can have an uncertified person substitute but they cannot do so for more than 45 days. If a teacher goes on FMLA leave, you can have an uncertified person substitute for the absent teacher however long you need. (This means that now is a great time to refresh on the FMLA requirements generally and especially for common FMLA uses like maternity/paternity leaves and others. Look for something discussing common FMLA issues from us soon!) If a substitute used to be certified but no longer is, you can have them substitute however long you need.
Again, this rule takes effect December 7, and will hopefully provide some relief for schools desperate for long-term substitutes. Please reach out to Karen, Bobby, Steve, Coady, Jordan, or Tyler with any questions!