Title 13 — EDUCATION

A parent, guardian, or other custodian of a child, who is not younger than five or older than six by the first day of September, or any child who, by the first day of September, is at least six years old, shall cause the child to regularly attend a public or nonpublic school or r…

A child of compulsory school age who has successfully completed the first eight grades is excused from compulsory school attendance under § 13-27-1 if: (1) The child or the parents of the child are members of a recognized church or religious denomination that objects to the regul…

The Department of Education may promulgate rules, pursuant to chapter 1-26 , to establish high school equivalency testing procedures for children who take the test pursuant to §

A child may withdraw from attending a school at the age of seventeen if the child has the written consent of a parent, guardian, or other custodian. The school district shall keep the documentation presented pursuant to this section. The school district shall forward a copy of th…

A child who is at least sixteen years old may enroll in a school-based or school-contracted high school equivalency test preparation program or take the high school equivalency test if the child presents any one of the following: (1) The written consent of a parent, guardian, or …

13-27-11 Failure to send child to school as misdemeanor. 13-27-12

Any person having control of a child of compulsory school age who fails to have the child attend school, as required by the provisions of this title, or provide alternative instruction pursuant to § 13-27-3 , is guilty of a Class 2 misdemeanor for the first offense. For each subs…

13-27-13

13-27-14 Truancy officer employed by district--Duties--President of board acting where no officer employed. 13-27-15 Attendance records maintained by superintendent or president of board--Reports required. 13-27-16 School board truancy warning--Report to truancy officer. 13-27-17…

The school board of each school district shall annually appoint and provide for the remuneration of one or more truancy officers, to enforce, under the school board's direction, the compulsory attendance laws within the district. In a school district failing to provide a truancy …

Each superintendent, or the president of the school board in districts without a superintendent, is responsible for maintaining an accurate record of the attendance of all individuals of compulsory school age who are enrolled in an accredited school under the supervision of the s…

The board of a school district shall warn a noncompliant parent, guardian, or other custodian of a child of compulsory school age who has not been excused, withdrawn pursuant to § 13-27-1.3 , or successfully completed a high school equivalency test pursuant to § 13-27-1.4 , that …

Each truancy officer shall carefully check the attendance and nonattendance of all persons required by law to attend school in the district or districts within his jurisdiction and shall keep an accurate record of those persons not in attendance or whose attendance is irregular. …

It is a Class 2 misdemeanor if: (1) A superintendent or school board president fails to make prompt reports on attendance as required by law; (2) The members of a school board neglect or refuse to provide school facilities for children enrolled in their school district for at lea…

A truancy officer has the powers of a deputy sheriff in the exercise of the officer's duties, and may apprehend without warrant a child of compulsory school age who is absent from the place in which the child is enrolled and required by law to attend, unless the child: (1) Is exc…

Each truancy officer shall make and file truancy complaints for children who are enrolled in the school district. Any teacher, school officer, or citizen may make and file a truancy complaint, before a circuit court judge, against any person having control of a child of compulsor…

Upon filing of a complaint, the judge of a circuit court shall issue a warrant of arrest to the sheriff of the county directing him to bring the defendant before the court and to summon witnesses required to ascertain the facts in the case. Source: SDC 1939, § 15.3206; SL 1955, c…

13-27-23 Penalties invoked on finding of guilty. 13-27-24 13-27-24 to 13-27-27. Repealed by SL 1982, ch 142 , §§ 13 to 16. 13-27-28 Disobedience of circuit court order as contempt. 13-27-29 Placement of child who has attended unaccredited school or alternative program--Appeal.

If the judge finds the defendant guilty, he shall invoke the penal provisions of § 13-27-11 upon the defendant. Source: SL 1955, ch 41 , ch 15, § 6; SDC Supp 1960, § 15.3206; SL 1982, ch 142 , § 11. 13-27-24 to 13-27-27. Repealed by SL 1982, ch 142 , §§ 13 to 16

Any parent, guardian, or person in charge of a child, who refuses or neglects to obey any order of a circuit judge made as provided in this chapter, is, in addition to the penal provisions of § 13-27-11 , guilty of contempt of court. Source: SDC 1939, § 55.4204; SL 1975, ch 128 ,…

If a child of compulsory school age has been attending an unaccredited school in another state or country or has been receiving alternative instruction pursuant to § 13-27-3 enrolls in a public school in this state, the child shall be placed at the child's demonstrated level of p…

Any person who is required pursuant to § 13-27-1 to cause any child to attend any public or nonpublic school in this state shall, either at the time of enrollment in any school in this state or within thirty days of initial enrollment, provide the public or nonpublic school with …

Any copy of any certified birth certificate provided pursuant to § 13-27-3.1 shall be maintained by the public or nonpublic school and shall be a part of the child's permanent cumulative school record. Source: SL 1988, ch 142 , § 2; SL 2000, ch 81 , § 2; SL 2021, ch 76 , § 5.

The superintendent of any public or nonpublic school or any person who provides alternative instruction in this state who maintains a child's permanent cumulative school record shall within thirty days of enrollment report to the school board of the district the name and address …

Notwithstanding § 34-25-52 , the department of health or the local registrar of vital records shall provide a certified copy of any child's birth certificate at no cost if the person requesting the certificate pursuant to § 13-27-3.1 is eligible to receive temporary assistance fo…

A school board may excuse a child from school attendance, pursuant to § 13-27-2 , because of serious illness in his immediate family, making his presence at home an actual necessity, or his presence in school a menace to the health of other pupils. The school board may require th…

An elementary and secondary student is eligible to be counted for school attendance up to five days in a school term if an excuse from actual school attendance is requested by a parent or guardian for the purpose of attending events of state or nationally recognized youth program…

Each notification of alternative instruction pursuant to § 13-27-3 shall be on a standard form that declares that the child will be provided with alternative instruction per §

Any parent or guardian of a student denied a certificate pursuant to §§ 13-27-6 and 13-27-6 .1 who is dissatisfied with the decision of the school board may appeal the matter to the South Dakota Board of Education Standards who shall conduct a hearing pursuant to chapter 1-26 . T…

A permanent record of all certificates of excuse, pursuant to §§ 13-27-6 and 13-27-6 .1, shall be kept in some safe place as determined by the school board. Copies of any certificate of excuse shall be forwarded to the secretary of the Department of Education. Copies of any certi…