Title 13 — EDUCATION

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…

13-28-50 School districts to provide student mailing lists to Board of Regents and technical colleges--Use in providing post-secondary school information--Exception. 13-28-51 Enrollment of child on partial basis upon request of parent or guardian--Alternative instruction. 13-28-5…

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. 13-28-7. Repealed by SL 1978, ch …

13-28-7.2 Immunizations provided at public expense. 13-28-7.3 Exclusion of student for risk of infectious disease or communicable parasite--Readmission. 13-28-8 Admission of adults resident in district without tuition. 13-28-9 School residence for free school privileges--Change o…

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 §

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…

Any agreement to allow the regulation of tuition paid between South Dakota school districts and a bordering state's school districts entered into pursuant to this chapter shall specify the tuition rate to be paid by all local school districts on behalf of students enrolled in the…

Any agreement entered into pursuant to this chapter shall specify the application procedures for the enrollment options program between South Dakota and the bordering state. Source: SL 2005, ch 102 , § 3; SL 2008, ch 81 , § 4.

Any agreement entered into pursuant to this chapter shall specify the reasons for which an application for the enrollment options program between South Dakota and the bordering state may be denied. Source: SL 2005, ch 102 , § 4; SL 2008, ch 81 , § 5.

Any agreement entered into pursuant to this chapter shall specify that a South Dakota school district is not responsible for transportation for any resident student attending school in a bordering state under the provisions of this chapter. However, a South Dakota school district…

Any agreement entered into pursuant to this chapter may specify additional terms relating to any student in need of special education or special education and related services pursuant to chapter 13-37 . Source: SL 2005, ch 102 , § 6.

If South Dakota enters into an open enrollment agreement with a bordering state, for the purposes of state aid to education distributed pursuant to chapter 13-13 , any student open enrolled to a South Dakota district from a bordering state is included in the receiving school dist…

If South Dakota enters into an open enrollment agreement with a border state for the purposes of state aid to education distributed pursuant to chapter 13-13 , any student sent to a bordering state from South Dakota may not be included in the resident school district's fall enrol…

Any student whose resident school district does not receive state aid to education under the provisions of chapter 13-13 or 13-37 may not open enroll in the district of a bordering state unless the student's resident school district pays the State of South Dakota an amount equal …

A school board may allow nonprofit civic organizations or other government entities to use vehicles owned by the school district to transport persons to various activities deemed by the school board to be in the public interest. A school board may adopt policies for the use of it…

School districts may provide transportation to nonpublic school students if no additional public funds are expended to provide the transportation. No school district, however, is required under this section to provide transportation to nonpublic school students. This section does…

A school district may charge a nominal fee for providing school bus transportation services to students whose residence is less than five miles from the school. The fee authorized by this section may be charged only to those parents who request school bus transportation services …

The school board shall also have authority to establish the school bus routes within its own school district. Such bus service shall be subject to the rules for buses and bus routes as prescribed by the South Dakota Board of Education Standards. Source: SDC 1939, § 15.3404; SL 19…

No school district may participate as a bidder in the public bidding conducted for the purpose of providing transportation services for students to attend school in the district. Source: SL 1994, ch 123 ; SL 1996, ch 110 , § 19.

Each school bus driver shall receive appropriate training at least once every five years, and the school bus driver shall pay any fees charged for the training. The training shall include classroom instruction in first aid, bus safety, and the management of passengers, and also b…

Bus service may also be provided for the students of one district by entering into a contract with another school district to furnish said bus service. Source: SL 1955, ch 41 , ch 13, § 12; SDC Supp 1960, § 15.3312.

If the buses operated by a school district cross the boundaries of another school district to transport students to and from school, the school board of such other district or districts shall have the authority to designate which school district operating such buses shall be auth…