reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-21 - Admission of nonresident students.

13-28-21. Admission of nonresident students.
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; SL 1982, ch 143, §13.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-22 - Tuition charged for students not entitled to free school privileges of district.

13-28-22. Tuition charged for students not entitled to free school privileges of district.
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, ch 93, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-23 - School board to pay tuition for assigned students.

13-28-23. School board to pay tuition for assigned students.
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 establishment of the tuition rate or the payment of tuition within forty-five days after receiving the request. The school board may negotiate the rate of tuition with a school board or any other payer. A school board's decision with respect to the student assignment may be appealed to the circuit court in the time and manner specified by §13-46-1 or to the secretary of the Department of Education within thirty days from the date of the decision of the school board by filing a notice with the secretary of the school board and mailing a copy of the notice to the secretary of the Department of Education. The board shall take into consideration when negotiating the rate of tuition the average cost of educating a student in the district including transportation if required.
Source:
SDC 1939, §§15.3301; SL 1945, ch 61; SL 1947, ch 73, §1; SL 1953, ch 63, §1; SL 1955, ch 41, ch 13, §4; SDC Supp 1960, §15.3304; SL 1975, ch 128, §195; SL 1982, ch 143, §14; SL 1996, ch 110, §6; SL 1997, ch 88, §4; SL 1997, ch 98, §18; SL 1998, ch 93, §2; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-24 - Advance payment of tuition by student or parents--Refund if student ceases to attend.

13-28-24. Advance payment of tuition by student or parents--Refund if student ceases to attend.
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 tuition upon the presentation of a proper voucher.
Source:
SL 1955, ch 41, ch 13, §4; SDC Supp 1960, §15.3304; SL 1982, ch 143, §15; SL 1996, ch 110, §7; SL 1997, ch 98, §19.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-30 - Period of pupil's membership in school--Date of permanent withdrawal.

13-28-30. Period of pupil's membership in school--Date of permanent withdrawal.
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 1957, ch 73, §3; SL 1959, ch 72, §1; SDC Supp 1960, §15.3305; SL 1963, ch 85; SL 1964, ch 45; SL 1965, ch 54, §1; SL 1982, ch 144, §4; SL 1996, ch 110, §10; SL 1997, ch 98, §20.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-34 - Rebates and refunds to induce attendance at school as misdemeanor.

13-28-34. Rebates and refunds to induce attendance at school as misdemeanor.
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 provisions of this section is guilty of a Class 2 misdemeanor.
Source:
SL 1939, ch 54; SL 1955, ch 41, ch 13, §15; SL 1955, ch 41, ch 17, §16; SDC Supp 1960, §§15.3315, 15.9916; SL 1964, ch 47, §1; SL 1982, ch 86, §141; SL 1982, ch 144, §5; SL 1997, ch 98, §21.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-35 - Tuition charges for adult education program.

13-28-35. Tuition charges for adult education program.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-37 - Postsecondary enrollment--Course credit--Promulgation of rules--Failing grade eliminates eligibility.

13-28-37. Postsecondary enrollment--Course credit--Promulgation of rules--Failing grade eliminates eligibility.
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 technical college shall set admission standards and tuition rates. The student shall obtain the school district's approval of the postsecondary course prior to enrolling. If the student is enrolled in a nonpublic school or a tribal school, the student must obtain approval of the postsecondary course from the nonpublic school or the tribal school prior to enrolling, and if the student is receiving alternative instruction pursuant to §13-27-3, the student must obtain approval of the postsecondary course prior to enrolling from the provider of the alternative instruction. If approved, the student shall receive full credit toward high school graduation as well as postsecondary credit for each postsecondary course. The school district shall record each course under this section on the student's transcript and shall use each course score to calculate academic standing. The Board of Education Standards shall establish, through rules promulgated pursuant to chapter 1-26, a uniform method for school districts to calculate the amount of high school credit that a student receives for completing a postsecondary course.
If a failing final course grade is received in a postsecondary course under this section, the student receiving the failure is no longer eligible to enroll for postsecondary courses under this section absent a showing of good cause.
Source: SL 1990, ch 122, §5; SL 1996, ch 119; SL 2003, ch 100, §1; SL 2014, ch 86, §1; SL 2015, ch 92, §1; SL 2018, ch 96, §1; SL 2020, ch 61, §40; SL 2023, ch 57, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-37.1 - State subsidized high school dual credit program--Course requirements--Limitations on participation--Tuition rate--Payment of tuition and costs.

13-28-37.1. State subsidized high school dual credit program--Course requirements--Limitations on participation--Tuition rate--Payment of tuition and costs.
A state subsidized high school dual credit program must be established for any student in grades 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 submit course availability, enrollment, and completion data to the Department of Education.
If a student receives a failing grade in any course or withdraws from a course after the deadline and does not receive credit for the course, the student may no longer participate in the program. The Board of Regents or Board of Technical Education may reinstate a student who is prohibited from participating in the dual credit program if the student demonstrates good cause for failing a course or withdrawing from a course, or if at the student's expense the student retakes and passes the course that the student withdrew from or failed.
The dual credit program may not be used for remedial courses.
The Board of Regents shall set a high school dual credit tuition rate equivalent to forty-three percent of the undergraduate tuition rate. The student taking the course shall pay an amount equal to thirty-three and three-tenths percent of the total high school dual credit tuition rate and a school district may pay any portion of the student's share. The state shall pay an amount equal to sixty-six and seven-tenths percent of the total high school dual credit tuition rate. No public institution of higher education or technical college offering the credit may require any additional fees.
The student is responsible for any other costs involved with attending a postsecondary institution. For the purposes of this section, the term, undergraduate tuition rate, means the per-credit rate, as set by the Board of Regents, that was in effect on January first of the previous fiscal year.
Source: SL 2018, ch 96, §2; SL 2020, ch 57, §1; SL 2020, ch 61, §41; SL 2022, ch 47, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-39 - Payment of tuition costs for students in residential treatment centers, intensive residential treatment centers, or group care centers for minor--Tuition rate setting--Promulgation of Rules.

13-28-39. Payment of tuition costs for students in residential treatment centers, intensive residential treatment centers, or group care centers for minor--Tuition rate setting--Promulgation of Rules.
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 Department of Corrections.
The Department of Social Services has rate setting authority for tuition costs and related service costs.
The Department of Social Services shall promulgate rules, pursuant to chapter 1-26, pertaining to:
(1)The amount, scope, and duration of services;
(2)The basis for and extent of provider payments;
(3)The method and amount of payment;
(4)The methods of recoupment or recovery of overpayments;
(5)Administration, record keeping, and audit requirements;
(6)Compliance monitoring;
(7)Reporting requirements; and
(8)Such other standards and requirements as necessary to ensure the efficient operation and administration of the program.
Source: SL 1995, ch 98, §6; SL 2000, ch 84, §9; SL 2022, ch 43, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-40 - Enrollment options program established.

13-28-40. Enrollment options program established.
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, inclusive. For purposes of determining state aid to education as it relates to the provisions of §§13-28-40 to 13-28-47, inclusive, fall enrollment as defined in §13-13-10.1 is used to compute state aid to general education and special education fall enrollment as defined in §13-37-35.1 is used to determine funding for special education.
Source:
SL 1997, ch 98, §1; SL 2000, ch 84, §8; SL 2007, ch 93, §17; SL 2015, ch 89, §21; SL 2016, ch 85, §10.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-41 - Request for transfer--Nonresident child excused from attending in another district--Nonresident child provided with alternative instruction.

13-28-41. Request for transfer--Nonresident child excused from attending in another district--Nonresident child provided with alternative instruction.
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 district shall grant a request to admit into the district a child who is a resident of another school district and who is excused from attending school in the resident district pursuant to §13-27-2, or is a child provided with alternative instruction pursuant to § 13-27-3, unless admitting the nonresident child would result in an inability to provide a quality educational program based on criteria established by the district pursuant to §13-28-44.
Source:
SL 1997, ch 98, §2; SL 2007, ch 101, §3; SL 2021, ch 76, § 16.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 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, 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 of, and timing of payments;
(4)The method and amount of payment;
(5)The methods of recoupment or recovery of overpayments;
(6)Reporting requirements;
(7)Designation of additional state operated schools referenced in §13-28-11; and
(8)Other standards and requirements as may be necessary to ensure the efficient operation and administration of the program.
Source: SL 2017, ch 79, §3; SL 2022, ch 43, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-53 - Student--Registered sex offender--Board policy.

13-28-53. Student--Registered sex offender--Board policy.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28A - Open Enrollment And Tuition Regulation Programs With Neighboring States › 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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28A - Open Enrollment And Tuition Regulation Programs With Neighboring States › 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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28A - Open Enrollment And Tuition Regulation Programs With Neighboring States › 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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28A - Open Enrollment And Tuition Regulation Programs With Neighboring States › 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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28A - Open Enrollment And Tuition Regulation Programs With Neighboring States › 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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28A - Open Enrollment And Tuition Regulation Programs With Neighboring States › 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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28A - Open Enrollment And Tuition Regulation Programs With Neighboring States › 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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28A - Open Enrollment And Tuition Regulation Programs With Neighboring States › 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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28A - Open Enrollment And Tuition Regulation Programs With Neighboring States › 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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28A - Open Enrollment And Tuition Regulation Programs With Neighboring States › 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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28A - Open Enrollment And Tuition Regulation Programs With Neighboring States › 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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28A - Open Enrollment And Tuition Regulation Programs With Neighboring States › 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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28A - Open Enrollment And Tuition Regulation Programs With Neighboring States › 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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28A - Open Enrollment And Tuition Regulation Programs With Neighboring States › 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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28A - Open Enrollment And Tuition Regulation Programs With Neighboring States › Section 13-28A-15 - Effect of chapter on existing agreements.

13-28A-15. Effect of chapter on existing agreements.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 29 - School Buses And Transportation Of Students › Section 13-29-1 - District operation of buses permitted--Purposes for which used.

13-29-1. District operation of buses permitted--Purposes for which used.
The school board of any school district may acquire, own, operate, or hire buses for the transportation of students to and from its schools either from within or without the district or for transportation to and from athletic, musical, speech, and other interscholastic contests in which participation is authorized by the school board. The school district may contract with a federally regulated charter bus operation to provide charter bus service for transportation of students, chaperones, and employees to and from athletic, musical, speech, other interscholastic contests, and special events in which participation is authorized by the school board. Buses used for this purpose need not meet requirements of a school bus unless such buses are used for the daily transportation of students to and from schools either from within or without the district.
Source:
SDC 1939, §15.3404; SL 1947, ch 70; SL 1949, ch 54, §§1, 2; SL 1953, ch 55, §2; SL 1955, ch 41, ch 13, §12; SDC Supp 1960, §15.3312; SL 1975, ch 128, §199; SL 1981, ch 249, §§2, 6; SL 1983, ch 237, §1; SL 1985, ch 15, §30; SL 2000, ch 85, §1; ch 86, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 29 - School Buses And Transportation Of Students › Section 13-29-1.1 - School board may allow nonprofit civic organizations to use buses--Use by other organizations.

13-29-1.1. School board may allow nonprofit civic organizations to use buses--Use by other organizations.
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 its vehicles by other organizations.
Source:
SL 2000, ch 86, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 29 - School Buses And Transportation Of Students › Section 13-29-1.2 - Transportation for nonpublic school students--Conditions.

13-29-1.2. Transportation for nonpublic school students--Conditions.
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 not affect the transportation of any eligible student pursuant to an individualized education plan.
Source:
SL 2003, ch 102, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 29 - School Buses And Transportation Of Students › Section 13-29-2 - Establishment of bus routes within district--Rules prescribed by state board.

13-29-2. Establishment of bus routes within district--Rules prescribed by state board.
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 1955, ch 41, ch 13, §12; SDC Supp 1960, §15.3312; SL 1975, ch 128, §200; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 29 - School Buses And Transportation Of Students › Section 13-29-3 - Bus service provided students of another district--Contract.

13-29-3. Bus service provided students of another district--Contract.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 29 - School Buses And Transportation Of Students › Section 13-29-4 - Regulation of bus routes crossing school district boundaries--Appeal to state board and courts.

13-29-4. Regulation of bus routes crossing school district boundaries--Appeal to state board and courts.
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 authorized to transport the students of that district and to regulate the routes of buses picking up students within that district, and that the school districts operating buses shall not violate the routes so designated, except that any person aggrieved by the decision of any such school board shall have a right to appeal to the South Dakota Board of Education Standards and to the courts as provided in chapter 13-46.
Source:
SL 1955, ch 41, ch 13, §12; SDC Supp 1960, §15.3312; SL 1974, ch 131, §1; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 29 - School Buses And Transportation Of Students › Section 13-29-6 - Annual inspection of school buses--Issuance and display of certificate--Operation without certificate as petty offense.

13-29-6. Annual inspection of school buses--Issuance and display of certificate--Operation without certificate as petty offense.
Each school bus used for the transportation of school children which is owned by a school district, a nonpublic school or alternative education program or privately owned and operated under a contract with a school board or nonpublic school or alternative instruction program shall be inspected before the beginning of each school year by an inspector approved by the Division of Highway Patrol pursuant to §13-29-6.1 to certify that the vehicle complies with state law, and rules of the South Dakota Board of Education Standards, the Department of Public Safety, and the Division of Highway Patrol. However, if a school bus is purchased from a licensed motor vehicle dealer during the school year, the dealer may inspect and certify that the vehicle complies with such law and rules. The owner of any bus certified by a dealer shall have the bus inspected by an approved inspector before the beginning of the next school year. The owner of the bus shall display a certificate certifying that the school bus has successfully passed inspection issued by the Division of Highway Patrol or the dealer in a form prescribed by the Division of Highway Patrol in the vehicle above the windshield. Any school board, contractor, or person operating a school bus that has not been certified commits a petty offense. This section does not apply to federally regulated charter bus service operations.
Source:
SL 1955, ch 41, ch 13, §13; SDC Supp 1960, §15.3313; SL 1961, ch 82, §1; SL 1968, ch 53; SL 1975, ch 128, §201; SL 1979, ch 220, §4; SL 1982, ch 86, §142; SL 1986, ch 132, §1; SL 1992, ch 158, §94; SL 1998, ch 94, §1; SL 2000, ch 85, §2; SL 2004, ch 17, §26; SL 2013, ch 78, §1; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 29 - School Buses And Transportation Of Students › Section 13-29-6.1 - School bus inspectors--Inspection without approval as misdemeanor.

13-29-6.1. School bus inspectors--Inspection without approval as misdemeanor.
The Division of Highway Patrol may promulgate rules pursuant to chapter 1-26, to establish specific standards and requirements for approval of school bus inspectors. The Division of Highway Patrol may approve inspectors subject to these rules. Any person that performs a school bus inspection without being approved by the Division of Highway Patrol is guilty of a Class 2 misdemeanor.
Source:
SL 2013, ch 78, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 29 - School Buses And Transportation Of Students › Section 13-29-19 - Fee for students within five miles--Amount.

13-29-19. Fee for students within five miles--Amount.
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 for their children. The amount of the fee shall be established by the local school board.
Source:
SL 1994, ch 124, §§1, 2; SL 1998, ch 95, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 29 - School Buses And Transportation Of Students › Section 13-29-20 - School districts prohibited from bidding to provide student transportation services.

13-29-20. School districts prohibited from bidding to provide student transportation services.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 29 - School Buses And Transportation Of Students › Section 13-29-21 - School bus driver training.

13-29-21. School bus driver training.
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 behind-the-wheel training to enable the safe and efficient operation of the bus.
Source:
SL 2011, ch 87, §3.