Title 13, EDUCATION

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,…

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…

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…

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…

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.

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…

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 § 13-28-44 . In addition, a school d…

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…

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 student's parent or legal guardian who wishes to enroll the student, or an emancipated student who wishes to enroll, under the provisions of §§ 13-28-40 to 13-28-47 , inclusive, in a South Dakota school district other than the resident district or in a school within the residen…

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…

The privileges of the public schools of any district shall be free to all persons with school residence within the district until they complete the secondary school program or until they reach the age of twenty-one. However, except as otherwise prohibited by law, schools may char…

By November first each year, each school district shall provide a list of students by name in grades seven to twelve, inclusive, together with their mailing addresses, to the executive director of the Board of Regents and to each technical college located in the state. The board …

The resident school district of a child being provided alternative instruction pursuant to § 13-27-3 shall admit that child to a public school in the district upon request from the child's parent or legal guardian. A child enrolled in a school district pursuant to this section ma…

The South Dakota Board of Education Standards may promulgate rules, pursuant to chapter 1-26 , regarding services provided and tuition paid for children residing in residential treatment centers or intensive residential treatment centers, as provided in §§ 13-28-11 and 13-13-87 ,…

A board of a school district may adopt a policy that requires a student who is registered as a sex offender, pursuant to § 22-24B-2 , to receive instruction through remote or distance learning or an alternative educational program. Source: SL 2023, ch 58 , § 1, eff. Mar. 20, 2023…

A pupil who is enrolled in school and becomes twenty - one years of age during the fiscal school year shall have free school privileges during that school year. Source: SL 1955, ch 41 , ch 12, § 2; SDC Supp 1960, § 15.3002; SL 1971, ch 117 , § 3.

Any child entering school or an early childhood program in this state, shall, prior to admission, be required to present to the appropriate school authorities certification from a licensed physician that the child has received or is in the process of receiving adequate immunizati…

The local board of health, upon application of the school board of any school affected by § 13-28-7.1 shall, at public expense to the extent that funds are available and without delay, provide the immunizations required by § 13-28-7.1 to such pupils as are not provided the immuni…

A school board or school superintendent may, with the concurrence of the county health officer, exclude from school attendance a student who is determined to be a risk or nuisance to the health of other students or school employees due to the presence of infectious disease or com…

If a public school can accommodate more students the school board may admit without the payment of tuition persons twenty - one years of age and over, who have school residence in the district. Source: SDC 1939, § 15.3004; SL 1955, ch 41 , ch 12, § 1; SDC Supp 1960, § 15.3001; SL…

School residence for the purpose of claiming free school privileges means the legal residence of the student's parents or guardian except as provided in § 13-28-10 . If a parent or guardian has more than one residence, the school residence is the residence where the parent or gua…

A child in need of special education or special education and related services assigned to and enrolled in an approved out of district special education residential or tuition day program by an individualized education program team has school residence in the school district maki…

The secretary of the Department of Education may enter into agreements with the appropriate parties from the states bordering South Dakota to establish an open enrollment or tuition regulation program between South Dakota and each neighboring state. Source: SL 2005, ch 102 , § 1;…

The Department of Education may promulgate rules pursuant to chapter 1-26 to establish procedures relating to the application process, the collection or payment of funds under the provisions of any agreement established pursuant to this chapter, and data regarding numbers of grad…

Other than funding provided through chapters 13-13 and 13-37 , no South Dakota school district is entitled to any compensation for any student attending a South Dakota school district under the provisions of this chapter. Source: SL 2006, ch 104 , § 4.

If South Dakota enters into a tuition regulation agreement with a bordering state, for purposes of state aid to education distributed pursuant to chapter 13-13 , any student for whom tuition is paid to a South Dakota district from a bordering state is not included in the receivin…

If the rate of tuition specified in a tuition regulation program agreement established pursuant to § 13-28A-1 is greater than the per student equivalent as defined in § 13-13-10.1 , any South Dakota school district that pays tuition to a bordering state school district in accorda…

Nothing in this chapter may be construed to prevent a school district which has a contract with a bordering state from continuing that contract. Source: SL 2008, ch 81 , § 12.

Any agreement to allow open enrollment between South Dakota school districts and a bordering state's school districts entered into pursuant to this chapter shall specify the following: (1) If the bordering state sends more students to South Dakota than South Dakota sends to the b…