reglab/housing_qa huggingface dataset:
SD Codified L § 13-28-42.1 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28 - School Attendance Privileges And Tuition|Section 13-28-42.1 - Transfer of special education students--Nonresident district's responsibilities.

13-28-42.1. Transfer of special education students--Nonresident district's responsibilities.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 of all relevant student education records on the student applying to open enroll from the resident district;(2)Completes a review of those relevant student education records; and(3)Directly communicates with the student's parent or guardian and representatives of the resident district regarding the student's special education or special education and related services needs.If the nonresident district confirms, based upon the records review and communications with the student's parent or guardian and representatives of the nonresident district, that it can provide an appropriate instructional program and facilities, including transportation, if necessary, to meet the needs of the student, it may proceed under the provisions of §13-28-43. If the nonresident district is not able to make that confirmation, the nonresident district shall initiate an individual education program team meeting consisting of representatives from both the resident and nonresident districts to determine whether the nonresident district can provide an appropriate instructional program, facilities, and transportation, if necessary.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 the nonresident district cannot provide an appropriate instructional program and facilities, including transportation, to meet the student's needs. Notwithstanding the provisions of §§13-37-1.3 and 13-37-8.4, if the request to transfer is granted, the nonresident district is responsible for the provision of a free appropriate public education for the student in need of special education or special education and related services. Notwithstanding the provisions of §13-28-45, the nonresident district shall also determine whether the student in need of special education requires transportation as a related service. If so, the nonresident district shall provide or ensure the provision of transportation within the boundaries of the attendance center to which the student is assigned.If a parent or guardian of a student in need of special education or special education and related services requests to transfer the student back to the resident district, the provisions of §13-28-43 apply. Source: SL 2000, ch 84, §2; SL 2004, ch 130, §1.
SD Codified L § 13-28-44 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28 - School Attendance Privileges And Tuition|Section 13-28-44 - Standards for acceptance or rejection of application to enroll.

13-28-44. Standards for acceptance or rejection of application to enroll.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 action, set them forth in writing, and make them available to any individual upon receiving an oral or written request. Standards shall be limited to the capacity of a program, class, grade level, and school building operated by the board and the pupil/teacher ratio. Discrimination based on race, gender, religious affiliation, or disability is prohibited. If two or more children from a family residing in the same household must enroll in different school districts as the result of a board's denial of an application to transfer from a resident district or to enroll in a nonresident district under the provisions of §§13-28-40 to 13-28-47, inclusive, neither the resident board nor the nonresident board may deny the application. However, two or more children from a family residing in the same household who are eligible for kindergarten through twelfth grade may open enroll only if, pursuant to §13-28-42.1, the nonresident district can provide an appropriate instructional program and facilities, including transportation, for the child in need of special education or special education and related services. If the nonresident district cannot meet the provisions of §13-28-42.1 for the child in need of special education or special education and related services, the nonresident district may deny that child's application for open enrollment.The decision of a local school board regarding a student's application for open enrollment or a request to return to the resident district under the provisions of §§13-28-40 to 13-28-47, inclusive, is subject to de novo appeal under the provisions of chapter 13-46. The Department of Education may promulgate rules pursuant to chapter 1-26 specifying procedural and administrative requirements for the implementation of the open enrollment program and related transfers and enrollments under the provisions of §§13-28-40 to 13-28-47, inclusive. Source: SL 1997, ch 98, §5; SL 2000, ch 82, §1; SL 2003, ch 272, §63; SL 2004, ch 130, §2.
SD Codified L § 13-28-45 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28 - School Attendance Privileges And Tuition|Section 13-28-45 - Transportation of transfer student.

13-28-45. Transportation of transfer student.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 that school district to provide transportation to those students. However, the school boards in both the receiving school district and the resident school district shall annually approve the pick-up locations for those students within any incorporated municipality. When approving pick-up locations, the school boards shall base their decisions foremost on student safety. If the school boards cannot reach agreement on the pick-up locations, the locations shall be determined by the secretary of the Department of Education. The provisions of §13-29-4 do not apply when transporting students enrolled under the provisions of §§13-28-40 to 13-28-47. The receiving district may charge a reasonable fee if the student elects to use the transportation services offered by the receiving district. The provisions of this section regarding the transportation agreements among school districts do not apply to any school district defined as a sparse school district pursuant to §13-13-78. Source: SL 1997, ch 98, §6; SL 1998, ch 92, §3; SL 1999, ch 80, §6; SL 2011, ch 95, §1.
SD Codified L § 13-28-46 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28 - School Attendance Privileges And Tuition|Section 13-28-46 - Transfer credits.

13-28-46. Transfer credits.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 satisfactorily meets its graduation requirements. Source: SL 1997, ch 98, §7.
SD Codified L § 13-28-47 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28 - School Attendance Privileges And Tuition|Section 13-28-47 - Disclosure.

13-28-47. Disclosure.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.
SD Codified L § 13-28-47.1 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28 - School Attendance Privileges And Tuition|Section 13-28-47.1 - Return of student to resident school district or assigned school--Notice .

13-28-47.1. Return of student to resident school district or assigned school--Notice .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, the student shall notify the affected school board or boards of the student's intent to return to the resident school district or previously assigned school on forms provided by the Department of Education. The student's parent or legal guardian shall, or if the student is emancipated, the student shall notify the affected school board or boards of the student's intent to re-enroll in the resident school district or previously assigned school no later than August first. However, if the affected school board or boards determine that special circumstances exist, a student may be allowed to transfer to the student's resident school district or assigned school after the deadline. Source: SL 2018, ch 97, §2.
SD Codified L § 13-28-48 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28 - School Attendance Privileges And Tuition|Section 13-28-48 - Nonresident district must serve student's grade level within district.

13-28-48. Nonresident district must serve student's grade level within district.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 district. Source: SL 2000, ch 82, §3.
SD Codified L § 13-28-50 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28 - School Attendance Privileges And Tuition|Section 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.

13-28-50. School districts to provide student mailing lists to Board of Regents and technical colleges--Use in providing post-secondary school information--Exception.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 and each technical college shall use the information to inform the parents and guardians of any such student in any public middle school and high school about the courses needed to prepare for postsecondary-level work and about the benefits of such preparation. However, no school district may forward the name of any student whose parent has directed that the school district not release directory information about the student. The board shall provide a format through which the information may be submitted. Source: SL 2002, ch 89, §1; SL 2015, ch 93, §1; SL 2020, ch 61, § 42.
SD Codified L § 13-28-51 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28 - School Attendance Privileges And Tuition|Section 13-28-51 - Enrollment of child on partial basis upon request of parent or guardian--Alternative instruction.

13-28-51. Enrollment of child on partial basis upon request of parent or guardian--Alternative instruction. 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 may be enrolled in a school of the school district on only a partial basis and shall continue to also be provided with alternative instruction pursuant to §13-27-3. Source: SL 2007, ch 101, §1; SL 2021, ch 76, § 17.
SD Codified L § 13-28-52 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28 - School Attendance Privileges And Tuition|Section 13-28-52 - Promulgation of rules regarding services and tuition for children residing in residential treatment centers and intensive residential treatment centers.

13-28-52. Promulgation of rules regarding services and tuition for children residing in residential treatment centers and intensive residential treatment centers.The South Dakota Board of Education 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, including:(1)The scope, duration, and requirements of enrollment for purposes of qualifying for and calculating rates and payments;(2)The amount, scope, and duration of services;(3)The basis for, extent, and timing of payments;(4)The methods of recoupment or recovery of overpayments;(5)Reporting requirements;(6)Designation of additional state operated schools referenced in §13-28-11; and(7)Other standards and requirements as may be necessary to ensure the efficient operation and administration of the program. Source: SL 2017, ch 79, §3.
SD Codified L § 13-28A-1 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28A - Open Enrollment And Tuition Regulation Programs With|Section 13-28A-1 - Open enrollment or tuition regulation programs--Agreements with neighboring states.

13-28A-1. Open enrollment or tuition regulation programs--Agreements with neighboring states.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; SL 2008, ch 81, §1.
SD Codified L § 13-28A-2 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28A - Open Enrollment And Tuition Regulation Programs With|Section 13-28A-2 - Open enrollment agreements--Contents.

13-28A-2. Open enrollment agreements--Contents.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 bordering state, the bordering state will pay South Dakota an amount agreed upon for the excess number of students sent to South Dakota; and(2)If South Dakota sends more students to the bordering state than the bordering state sends to South Dakota, South Dakota will pay the bordering state an amount agreed upon for the excess number of students sent to the bordering state. Source: SL 2005, ch 102, §2; SL 2007, ch 102, §1; SL 2008, ch 81, §2.
SD Codified L § 13-28A-2.1 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28A - Open Enrollment And Tuition Regulation Programs With|Section 13-28A-2.1 - Tuition regulation program agreements--Contents.

13-28A-2.1. Tuition regulation program agreements--Contents.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 school district of a bordering state. However, no tuition regulation program agreement established pursuant to §13-28A-1 may specify a rate of tuition that is greater than one hundred ten percent of the per student equivalent as defined in §13-13-10.1. Source: SL 2008, ch 81, §3; SL 2016, ch 83, §19.
SD Codified L § 13-28A-3 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28A - Open Enrollment And Tuition Regulation Programs With|Section 13-28A-3 - Application procedure--Agreement to specify.

13-28A-3. Application procedure--Agreement to specify.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.
SD Codified L § 13-28A-4 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28A - Open Enrollment And Tuition Regulation Programs With|Section 13-28A-4 - Reasons application may be denied--Application to specify.

13-28A-4. Reasons application may be denied--Application to specify.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.
SD Codified L § 13-28A-5 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28A - Open Enrollment And Tuition Regulation Programs With|Section 13-28A-5 - South Dakota school district not responsible for transportation to bordering state--Agreement to specify.

13-28A-5. South Dakota school district not responsible for transportation to bordering state--Agreement to specify.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 may, at its discretion, provide transportation services for such a student. Source: SL 2005, ch 102, §5; SL 2008, ch 81, §6.
SD Codified L § 13-28A-6 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28A - Open Enrollment And Tuition Regulation Programs With|Section 13-28A-6 - Additional terms relating to special education and related services.

13-28A-6. Additional terms relating to special education and related services.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.
SD Codified L § 13-28A-7 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28A - Open Enrollment And Tuition Regulation Programs With|Section 13-28A-7 - Student from bordering state included in South Dakota receiving school district's fall enrollment for aid purposes.

13-28A-7. Student from bordering state included in South Dakota receiving school district's fall enrollment for aid purposes.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 district's fall enrollment. Source: SL 2005, ch 102, §7; SL 2007, ch 93, §19; SL 2008, ch 81, §7.
SD Codified L § 13-28A-8 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28A - Open Enrollment And Tuition Regulation Programs With|Section 13-28A-8 - South Dakota student sent to bordering state not included in resident school district's fall enrollment for aid purposes.

13-28A-8. South Dakota student sent to bordering state not included in resident school district's fall enrollment for aid purposes.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 enrollment. Source: SL 2005, ch 102, §8; SL 2007, ch 93, §20; SL 2008, ch 81, §8.
SD Codified L § 13-28A-9 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28A - Open Enrollment And Tuition Regulation Programs With|Section 13-28A-9 - Student from resident school district not receiving state aid--Enrollment in bordering state without payment to state prohibited.

13-28A-9. Student from resident school district not receiving state aid--Enrollment in bordering state without payment to state prohibited.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 to the per student allocation as defined in chapter 13-13 or 13-37 for each student open enrolled to a bordering state. Source: SL 2005, ch 102, §9; SL 2008, ch 81, §9.
SD Codified L § 13-28A-10 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28A - Open Enrollment And Tuition Regulation Programs With|Section 13-28A-10 - Promulgation of rules.

13-28A-10. Promulgation of rules.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 graduating seniors. Source: SL 2005, ch 102, §10.
SD Codified L § 13-28A-12 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28A - Open Enrollment And Tuition Regulation Programs With|Section 13-28A-12 - School district not entitled to additional funding.

13-28A-12. School district not entitled to additional funding.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.
SD Codified L § 13-28A-13 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28A - Open Enrollment And Tuition Regulation Programs With|Section 13-28A-13 - Effect of tuition regulation agreement on school district's fall enrollment for aid purposes.

13-28A-13. Effect of tuition regulation agreement on school district's fall enrollment for aid purposes.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 receiving school district's fall enrollment.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 from a South Dakota district to a bordering state's district is included in the South Dakota school district's fall enrollment. Source: SL 2008, ch 81, §10.
SD Codified L § 13-28A-14 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 28A - Open Enrollment And Tuition Regulation Programs With|Section 13-28A-14 - Entitlements where tuition rate and per student equivalent differ.

13-28A-14. Entitlements where tuition rate and per student equivalent differ.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 accordance with that agreement is entitled to the difference between the rate of tuition and the per student equivalent for each student for whom tuition is paid.If the rate of tuition specified in a tuition regulation program agreement established pursuant to §13-28A-1 is less than the per student equivalent, any South Dakota school district that receives tuition from a bordering state school district in accordance with that agreement is entitled to the difference between the per student equivalent and the rate of tuition for each student for whom tuition is received.The entitlements created in this section shall be paid out of money appropriated in the general appropriations act for state aid to education. Source: SL 2008, ch 81, §11; SL 2016, ch 83, §20.