Sam Kerr’s professional career spans over 35 years. After graduating from college, he taught high school English in Harding County, South Dakota, and later taught high school English and journalism in Rapid City, South Dakota. In 1989, he left the education sector to attend law school.

Upon returning to Rapid City, South Dakota, in 1992, he served as a litigator for over 9 years. He represented a wide variety of clients, including education institutions, the state of South Dakota, and various municipalities and businesses. Sam won trials for the state and private clients and also successfully represented clients through motions practice, negotiated settlements, and mediation. In 2001, Sam re-entered the education sector where he served in a number of roles at a private, doctoral-level university for almost 14 years—including provost, chief operating officer, general counsel, and faculty member.

Sam returned to private law practice in 2016. He concentrates his practice at Lynn, Jackson, Shultz & Lebrun on education law, labor and employment law, administrative law, and litigation. He primarily represents public and private K-12 school districts, higher education institutions, and accrediting bodies, as well as employers from a variety of industries.

Sam’s commitment to education law is reflected in his own educational background, which includes Bachelor of Science and Bachelor of Science in Secondary Education degrees from Black Hills State University, a Master’s of Education degree from South Dakota State University, a Juris Doctorate from the University of Nebraska College of Law, and an Education Doctorate from the University of South Dakota.  

Education

  • University of South Dakota, Ed.D., Education Administration, 2001
  • University of Nebraska-Lincoln, College of Law, J.D., 1992
  • South Dakota State University, M.Ed., Education Administration, 1986
  • Black Hills State University, B.S.Ed., Secondary Education, 1982
  • Black Hills State University, B.S., English/History, 1982

Memberships

  • Co-Chair, Education Law Committee, South Dakota Bar Association
  • Member, ASBSD Council of School Attorneys (COSA); Past President
  • Committee Member, Strategic Planning, South Dakota Bar Association
  • Committee Member, Employment Rights and Responsibilities Committee, Labor and Employment Law Section, American Bar Association (2016-present)
  • American Bar Association
  • South Dakota Bar Association
  • Pennington County Bar Association
  • Member, National Association of College & University Attorneys

Honors & Awards

  • Martindale-Hubbell’s “AV” Rated Lawyer
  • Best Lawyers in America®:
    • Education Law
  • Higher Learning Commission Advanced Accreditation Certificate in Peer Review (2015)
  • Phi Delta Kappa
  • Numerous presentations and training sessions for the Higher Learning Commission (2008-2016)
  • Richard Thompson Leadership Award (2007)
  • Captain, U.S. Army National Guard (1982-1993)

Faculty Member

  • Adjunct faculty member, Division of Educational Leadership, University of South Dakota
  • Graduate and undergraduate faculty member teaching Labor Law, Employment Law, and Human Resources Management
  • High School English/Journalism Teacher

Presentations

  • Kerr, S., Morgen, M. An Overview of HLC’s Teach-Out Policy and Procedure. Presented at The Higher Learning Commission, Annual Meeting, Chicago, IL. (April 2019)
  • Kerr, S., Sweeney, A., and Morgen, M. Change of Control, Structure or Organization: A Key HLC Policy in a Transforming Landscape. Presented at The Higher Learning Commission, Annual Meeting, Chicago, IL. (April 2019)
  • Kerr, S. Selected HR Topics in SD Public Schools. Presented at SD COSA School Law Days, Rapid City, SD; Sioux Falls, SD. (November 2018)
  • Kerr, Samuel, Wendler, David. Governance Structures in Higher Education and the Criteria for Accreditation. Presented at The Higher Learning Commission, Annual Meeting, Chicago, IL. (April 2018)
  • Kerr, Samuel, Wendler, David. A Critical Analysis of the Criteria for Accreditation and the Core Components. Presented at The Higher Learning Commission, Annual Meeting, Chicago, IL. (April 2018)
  • Kerr, Samuel, Martin, Eric. Change of Control, Structure or Organization:  A Key HLC Policy in a Transforming Landscape. Presented at The Higher Learning Commission, Annual Meeting, Chicago, IL. (April 2018)
  • Kerr, Samuel, Sweeney, Anthea. Teach-Out Policy and Procedure. Presented at The Higher Learning Commission, Annual Meeting, Chicago, IL. (April 2018)
  • Kerr, Samuel. Conflict of Interest and South Dakota School Districts. Presented at the South Dakota Council of School Attorneys, School Law Days, Pierre, Rapid City, Sioux Falls, SD. (October 2017)
  • Kerr, Samuel, Martin, Eric. Change of Control, Structure or Organization: What It Is and Why You Should Care. Presented at The Higher Learning Commission, Annual Meeting, Chicago, IL. (April 2017)
  • Kerr, Samuel, Wendler, David, Westerfield, Michael, Murphy, Susan. Reaching Consensus During Team Deliberations. Presented at The Higher Learning Commission, Annual Meeting, Chicago, IL. (April 2017)
  • Kerr, Samuel, Greene, Tracy, Shekleton, James. Title IX: Emerging Trends in Investigations, Speech, and Judicial Actions. Presented at the South Dakota Higher Education Association, Annual Meeting, Sioux Falls, SD. (February 2017)
  • Kerr, Samuel, Solomon, Karen, Wendler, David. Reaching Consensus During Team Deliberations. Presented at The Higher Learning Commission, Annual Meeting, Chicago, IL. (April 2016)
  • Kerr, Samuel, Roueche, John, Mathis, Margaretta, and Johnson, A. Facing the Future: Preparing for Unforeseen Challenges and Emergencies. Presented at The Higher Learning Commission, Annual Meeting, Chicago, IL. (April 2014)  
  • Kerr, Samuel, Borland, James. Perspectives on Eligibility Process from Experienced Reviewers. Presented at The Higher Learning Commission, Annual Meeting, Chicago, IL. (April 2014)
  • Kerr, Samuel, Roueche, John, Mathis, Margaretta, Thornton, Jerry Sue. Can Colleges Survive Current Challenges: New Leadership Needed. Presented at The Higher Learning Commission, Annual Meeting, Chicago, IL. (April 2013)
  • Kerr, Samuel, Borland, James. Perspectives on Eligibility Process from Experienced Reviewers. Presented at The Higher Learning Commission, Annual Meeting, Chicago, IL. (April 2013)
  • Kerr, Samuel, Roueche, John. Challenges Facing Higher Education. Presented at The Higher Learning Commission, Annual Meeting, Chicago, IL. (April 2012)

Sample Publications

  • Kerr, Samuel. The #MeToo Movement and Implications for Employers, 3. Vol . 23, Issue 5. South Dakota Employment Law Newsletter, 2018.
  • Kerr, Samuel. Sum of the Parts: Do Separate Documents Add Up to a Single Contract? 1-4. Vol. 22, Issue 9. South Dakota Employment Law Newsletter, 2017.
  • Kerr, Samuel, Frank, Jennifer. Fragrance-Free Policy Recommended, But Not Required, 4-5. Vol. 22, Issue 2. South Dakota Employment Law Newsletter, 2017.
  • Kerr, Samuel. Employer Can Insist that ‘Doctor’s Note’ Come from a Doctor, 4. Vol. 22, Issue 1. South Dakota Employment Law Newsletter, 2017.
  • Kerr, Samuel. South Dakota’s Apprenticeship Grant Presents Great Opportunities for Employers, 1-2. Vol 21, Issue 12. South Dakota Employment Law Newsletter, 2016.
  • Kerr, Samuel. South Dakota Occupational Growth Outlook, 5-6. Vol 21, Issue 11. South Dakota Employment Law Newsletter, 2016.
  • Kerr, Samuel. Does Your Organization Suffer from Hiring Snooze? 5-7. Vol. 21, Issue 10. South Dakota Employment Law Letter, 2016.

Admissions

  • 1992, South Dakota
  • 1992, United States District Court for the District of South Dakota