Title 13 — EDUCATION

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 Repealed by SL 1982, ch 142 , §§ 13 to 16. 13-27-28 Disobedience of circuit court order as contempt. 13-27-29 Placement of child who has attended unaccredited school or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 Repealed by SL 1982, ch 142 , §§ 13 to 16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…

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…