Title 13 — EDUCATION

Source: SL 1997, ch 98 , § 6; SL 1998, ch 92 , § 3; SL 1999, ch 80 , § 6; SL 2011, ch 95 , § 1.

Source: SL 1959, ch 70 ; SDC Supp 1960, § 15.3003; SL 1965, ch 52 ; SL 1982, ch 143 , § 4; SL 2013, ch 77 , § 1; SL 2014, ch 85 , § 1; SL 2016, ch 83 , § 17; SL 2017, ch 79 , § 1; SL 2022, ch 43 , § 2; SL 2025, ch 81 , § 1. 13-28-11.1 to 13-28-11.4. Repealed by SL 1995, ch 98 , §…

Source: SL 2006, ch 81 , § 1.

13-28-2 Kindergarten enrollment eligibility--Transfer from another state. 13-28-3

As used in this title, a student is enrolled if: (1) The student is less than twenty-one years of age on the first day of July or the student is twenty-one years of age or older and is admitted to the school district pursuant to § 13-28-8 ; and (2) The student has not completed a…

In case of dispute, if the student's parent or guardian has claimed a credit pursuant to § 10-13-39 , it is presumed that the dwelling so claimed is the residence of the parent or guardian. The student or the student's parents or guardian may not establish school residence and be…

13-28-11.1 13-28-11.1 to 13-28-11.4. Repealed by SL 1995, ch 98 , §§ 1 to 4 13-28-12 13-28-12 to 13-28-12 .2. Repealed by SL 1982, ch 143 , §§ 10 to 12 13-28-13

If a child is residing in a residential treatment center or an intensive residential treatment center that provides an educational program through a school district, the school district in which the residential treatment center or intensive residential treatment center is located…

13-28-15 Assignment of elementary students within district--Factors considered--Review of board's decision. 13-28-16 13-28-16 to 13-28-18. Repealed by SL 1975, ch 128 , § 377 13-28-19 Assignment of students by school board. 13-28-19.1 Student assignment where school district diss…

Any person regardless of age or sex, a resident of this state, who shall have been in the military service of the United States and who shall have been honorably discharged therefrom shall be entitled to all the privileges of the public schools of the district, unless such person…

Every school board shall make assignment and distribution of all students with school residence within the district. The board shall take into consideration in assigning and distributing students its duty to provide an education within the guidelines of the State Board of Educati…

The school board shall assign and distribute the resident students eligible for elementary and secondary education among the schools in the district or to any public school in this state or any other state. Source: SL 1955, ch 41 , ch 13, § 2; SL 1957, ch 73 , § 2; SDC Supp 1960,…

If a school district that was contracting pursuant to § 13-15-11 , dissolves and is annexed to another school district before July 1, 2010, the school board for the school district to which the former contracting school district is annexed shall, for the current school year and f…

A school board may assign a student to receive instruction in an alternative setting for aggressive or violent behaviors that disrupt the school or that affect a health or safety factor of the school or its program. Nothing herein may be construed to limit enrollment options prov…

On or before the second Friday of June of each year, the board of a school district shall report to the Department of Education, on the form prescribed by the department, the students who were assigned to receive instruction in an alternative setting during the school year. The d…

Any child who is five years old on the first day of September is eligible for enrollment in kindergarten during that school year. Any child who transfers from another state may proceed in a continuous educational program without interruption. Source: SDC 1939, § 15.2032; SL 1939,…

13-28-22 Tuition charged for students not entitled to free school privileges of district. 13-28-22.1

The school board shall admit nonresident students to the public schools in the district when it can be done without injuring or overcrowding the schools. Source: SDC 1939, § 15.3005; SL 1955, ch 41 , ch 13, § 3; SDC Supp 1960, § 15.3303; SL 1967, ch 45 ; SL 1975, ch 128 , § 194; …

All nursery, kindergarten, elementary, and secondary students not entitled to the free school privileges of the district wherein they are enrolled may be charged tuition. Source: SL 1955, ch 41 , § 4; SDC Supp 1960, § 15.3304; SL 1996, ch 110 , § 4; SL 1997, ch 98 , § 17; SL 1998…

Repealed by SL 1996, ch 110 , § 5 13-28-22.2

13-28-24 Advance payment of tuition by student or parents--Refund if student ceases to attend. 13-28-25

If a student has been assigned by the school board of the district where the student has a school residence or has been assigned as provided by statute, the school board shall pay the student's tuition. The school boards shall take action on any request regarding the establishmen…

Anyone who must personally pay tuition shall pay in advance the annual or monthly amount of tuition. If the student ceases to be a member of the school before the expiration of the term for which the tuition has been paid, the school board shall refund the unearned portion of the…

Repealed by SL 1996, ch 110 , § 8 13-28-26

Repealed by SL 1995, ch 98 , § 5 13-28-27

Repealed by SL 1982, ch 144 , §§ 7, 8 13-28-30 Period of pupil's membership in school--Date of permanent withdrawal. 13-28-31 13-28-31 to 13-28-33. Repealed by SL 1970, ch 102 13-28-33.1

13-28-5 Public school privileges free to children until age twenty-one--Fee for early childhood services. 13-28-6 Continuation of privileges to pupil becoming twenty-one during school year. 13-28-7

A pupil is a member of the school from the date the pupil arrives at the school and is placed on the current roll until the pupil permanently leaves the school. The date of permanent withdrawal is the day the pupil last attended the school. Source: SL 1955, ch 41 , ch 13, § 5; SL…

Repealed by SL 1975, ch 128 , § 377 13-28-33.2

13-28-35 Tuition charges for adult education program. 13-28-36

A school district board, administrator, or school employee may not give or promise to give, either directly or indirectly, any rebate or refund of any transportation or any other thing of value as an inducement for attending school in a district. Any person violating the provisio…

A school district operating an adult education program may charge tuition as determined by the school board, subject to the provisions of chapter 13-39 . Source: SL 1955, ch 41 , ch 13, § 8; SDC Supp 1960, § 15.3308; SL 1975, ch 128 , § 198; SL 1982, ch 144 , § 6. 13-28-36. Repea…

13-28-37.1 State subsidized high school dual-credit program--Standards--Data to Department--Limitations--Tuition rate--Costs. 13-28-38

Any student in grades nine, ten, eleven, or twelve may apply to an institution of higher education or a technical college as a special student in a course or courses offered at the institution of higher education or technical college. The institution of higher education or techni…

A state subsidized high school dual credit program must be established for any student in grade eleven or twelve. The public institution of higher education or technical college offering the credit shall set the admission standards. A participating institution shall regularly sub…

13-28-40 Enrollment options program established. 13-28-41 Request for transfer--Nonresident child excused from attending in another district--Nonresident child provided with alternative instruction. 13-28-41.1 School district not required to provide transportation to student tran…

The Department of Social Services shall pay tuition costs and related service costs for students in residential treatment centers, intensive residential treatment centers, or group care centers for minors who are under the care and custody of the Department of Social Services or …

The provisions of § 13-28-2 , shall apply to nonpublic schools as well as public schools. Source: SL 1955, ch 41 , ch 12, § 2; SDC Supp 1960, § 15.3002; SL 1975, ch 128 , § 185.

An enrollment options program is established to enable any South Dakota kindergarten through twelfth grade student to attend any public school that serves the student's grade level in any South Dakota school district, subject to the provisions in §§ 13-28-40 to 13-28-47 , inclusi…

A school district shall grant a request for a transfer into the district or within the district unless the transfer would result in an inability to provide a quality educational program based on criteria established by the district pursuant to §

If a student is transferred from one school to another school within a school district at the request of the student's parent or guardian, notwithstanding any other provision of law, the school district is not required to provide transportation services to the student. Source: SL…

13-28-43 Enrollment of student in other than resident district or transfer within district--Approval and notification. 13-28-44 Standards for acceptance or rejection of application to enroll. 13-28-45 Transportation of transfer student. 13-28-46 Transfer credits. 13-28-47 Disclos…

Notwithstanding the provisions of §§ 13-28-44 and 13-37-8.4 , a request to transfer a student in need of special education or special education and related services may be granted only if the nonresident district: (1) Upon receipt of an open enrollment application, obtains copies…

A request to transfer a student in need of special education or special education and related services may be denied only pursuant to § 13-28-44 or if an individual education program team consisting of representatives from the resident and nonresident districts determines that th…

Each school district by November 1, 1997, shall by resolution adopt relevant standards for the acceptance and rejection of an application to enroll in the district under the provisions of §§ 13-28-40 to 13-28-47 , inclusive. The board shall adopt standards through official board …

The parent or guardian of a student who has been accepted for transfer is responsible for transporting the student to school in the receiving district without reimbursement. A receiving school district may enter the district of residence of students accepted for transfer into tha…

A school district shall accept credits for any course completed in any other accredited school district as the result of a transfer under §§ 13-28-40 to 13-28-47 , inclusive. The nonresident district shall award a diploma to a nonresident student only if the student satisfactoril…

Each school district shall make relevant information about the district, schools, programs, policies, and procedures available to all interested people. Source: SL 1997, ch 98 , § 8.

If, after the conclusion of a school year, a student enrolled under the provisions of §§ 13-28-40 to 13-28-47 , inclusive, wishes to return to the student's resident school district or assigned school, the student's parent or legal guardian shall, or if the student is emancipated…

Notwithstanding any other provision of law, no student may enroll in a school district pursuant to the provisions contained in §§ 13-28-40 to 13-28-47 , inclusive, if that school district does not serve the student's grade level within the physical boundaries of the school distri…