reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 26 - School Term And Holidays › Section 13-26-4.1 - In-service training.

13-26-4.1. In-service training.
The school board may designate a maximum of 5.5 hours of the 16.5 session hours provided for in §13-26-4 as in-service teacher training.
Source:
SL 1980, ch 132; SL 1985, ch 129, §3; SL 1986, ch 122, §§1, 5; SL 2003, ch 99, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 26 - School Term And Holidays › Section 13-26-6 - School term provisions not applicable to special schools.

13-26-6. School term provisions not applicable to special schools.
The provisions of §§13-26-2 and 13-26-4 shall not apply to adult education schools, summer schools, kindergartens, and nursery schools.
Source:
SL 1955, ch 41, ch 12, §9; SDC Supp 1960, §15.3009; SL 1963, ch 83.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 26 - School Term And Holidays › Section 13-26-9 - School board decision on opening day of classes--Petition for referendum.

13-26-9. School board decision on opening day of classes--Petition for referendum.
A decision by a school board to schedule the opening day of classes before the first Tuesday following the first Monday in September may be referred to a vote of the qualified voters of the school district by the filing of a petition signed by five percent of the registered voters in the school district, based upon the total number of registered voters voting at the last preceding general election, for districts with more than five thousand registered voters. Petitions in districts with less than five thousand registered voters must be signed by five percent of the total number of registered voters at the last preceding general election. The board in scheduling the opening day of classes shall allow sufficient time for the referendum process authorized in this section.
Source:
SL 1993, ch 133, §2; SL 2014, ch 84, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 26 - School Term And Holidays › Section 13-26-10 - Petition to refer a school board decision on opening day of classes.

13-26-10. Petition to refer a school board decision on opening day of classes.
A petition to refer a school board decision may be filed with the business manager of the school district within twenty days after its publication. The filing of the petition shall require the submission of the decision to a vote of the qualified voters of the school district for its rejection or approval.
Source:
SL 1993, ch 133, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 26 - School Term And Holidays › Section 13-26-11 - Contents of petition on opening day of classes.

13-26-11. Contents of petition on opening day of classes.
The petition shall contain the school board decision regarding the opening day of classes and the date of its passage.
Source:
SL 1993, ch 133, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 26 - School Term And Holidays › Section 13-26-12 - Requirements for voters signing petition.

13-26-12. Requirements for voters signing petition.
Voters signing a referendum petition under §13-26-9 shall comply with the same requirements provided for counties under §7-18A-11, and the petition shall be verified in the same manner as provided for counties in §7-18A-12.
Source:
SL 1993, ch 133, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 26 - School Term And Holidays › Section 13-26-14 - Publication of referred decision.

13-26-14. Publication of referred decision.
The business manager of the school district shall have the entire referred decision published once a week for two successive weeks immediately preceding the election. The publication shall include a notice stating the date of election.
Source:
SL 1993, ch 133, §7.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 26 - School Term And Holidays › Section 13-26-15 - Ballots--Printing and distribution.

13-26-15. Ballots--Printing and distribution.
The business manager of the school district shall have ballots printed for the vote upon the referred school board decision and have them distributed as other official ballots are distributed. Such ballots shall conform as near as may be to the law governing the submission of questions by the Legislature, except that the statement required to be printed on the ballots shall be prepared by the state's attorney. All questions to be voted upon at the same election may be submitted upon the same ballot.
Source:
SL 1993, ch 133, §8.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 26 - School Term And Holidays › Section 13-26-16 - Approval by majority--Rejection.

13-26-16. Approval by majority--Rejection.
No referred school board decision regarding the opening day of classes shall become operative unless approved by a majority of the votes cast for or against the same. If approved, the decision shall take effect upon completion of the canvass of the election returns relating thereto. If the decision of the school board to begin classes before the first Tuesday following the first Monday in September is rejected by the voters, the board shall select a date on or after the first Tuesday following the first Monday in September as the opening day of classes.
Source:
SL 1993, ch 133, §9.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 26 - School Term And Holidays › Section 13-26-17 - Nonreferral or rejection of referendum--Decision not subject to further referendum.

13-26-17. Nonreferral or rejection of referendum--Decision not subject to further referendum.
If a school board authorizes year-round school pursuant to §13-26-2, the school board's decision to schedule the opening day of classes before the first Tuesday following the first Monday in September may be referred to a vote of the qualified voters pursuant to §13-26-9. If the decision to schedule the opening day is not referred, or if the referendum is rejected by the qualified voters, the decision shall remain in effect and is not subject to further referendum pursuant to §13-26-9 for the subsequent consecutive years that the year-round school plan is implemented by the school board.
Source:
SL 1994, ch 120, §1A.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-1 - Responsibility of person controlling child--High school equivalency test preparation program--Kindergarten--Transfer from another state.

13-27-1. Responsibility of person controlling child--High school equivalency test preparation program--Kindergarten--Transfer from another state.
Any person having control of a child, who is not younger than five or older than six years old by the first day of September, or any child who, by the first day of September, is at least six years old, but who has not exceeded the age of eighteen, shall cause the child to regularly attend school, either public, nonpublic, or alternative instruction as set forth in § 13-27-3, until the child reaches the age of eighteen years, unless the child has graduated or is excused as provided in this chapter. However, the requirements of this section are met if a child who is at least sixteen years of age enrolls in a high school equivalency test preparation program and the child successfully completes the test or reaches the age of eighteen years.
A child is eligible to enroll in a school-based or school-contracted high school equivalency test preparation program or take the high school equivalency test if the child is sixteen or seventeen years of age, and the child presents written permission from the child's parent or guardian and one of the following:
(1)Verification from a school administrator that the child will not graduate with the child's cohort class because of credit deficiency;
(2)Authorization from a court services officer;
(3)A court order requiring the child to enter the program;
(4)Verification that the child is under the direction of the Department of Corrections; or
(5)Verification that the child is enrolled in Job Corps as authorized by Title I-C of the Workforce Investment Act of 1998, as amended to January 1, 2009.
Any child who is sixteen or seventeen years of age and who completes the high school equivalency test preparation program may take a high school equivalency test immediately following release from the school program or when ordered to take the test by a court. Any such child who fails to successfully complete the test shall re-enroll in the school district and may continue the high school equivalency preparation program or other suitable program as determined by the school district.
All children shall attend kindergarten prior to age seven. Any child who transfers from another state may proceed in a continuous educational program without interruption if the child has not previously attended kindergarten.
Source:
SDC 1939, §15.3201; SL 1941, ch 65; SL 1955, ch 41, ch 15, §1; SL 1975, ch 128, §169; SL 1978, ch 111; SL 1985, ch 129, §7; SL 1986, ch 122, §§1, 9; SL 1990, ch 126, §1; SL 1991, ch 142, §2; SL 1996, ch 114, §3; SL 2006, ch 80, §1; SL 2007, ch 98, §1; SL 2009, ch 83, §1; SL 2009, ch 83, §3, eff. July 1, 2010; SL 2017, ch 77, §1; SL 2021, ch 76, § 1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-1.1 - Religious exemption after eighth grade.

13-27-1.1. Religious exemption after eighth grade.
A child of compulsory school age who has successfully completed the first eight grades is excused from compulsory school attendance under §13-27-1 if:
(1)The child or the parents of the child are members of a recognized church or religious denomination that objects to the regular public high school education; and
(2)The recognized church or religious denomination either individually or in cooperation with another recognized church or religious denomination provides a regularly supervised program of instruction in which each child participates in learning activities appropriate to the adult occupation that the child is likely to assume in later years.
Source:
SL 1990, ch 126, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-1.2 - Promulgation of rules on high school equivalency testing.

13-27-1.2. Promulgation of rules on high school equivalency testing.
The Department of Education may promulgate rules, pursuant to chapter 1-26, to establish high school equivalency testing procedures for children who take the test pursuant to §13-27-1.
Source:
SL 2009, ch 83, §5; SL 2017, ch 77, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-2 - Child excused from school.

13-27-2. Child excused from school.
A school board of any school district may excuse a child from public school attendance for the reasons set forth in §§13-27-6 and 13-27-6.1.
Source:
SDC 1939, §15.3202; SL 1955, ch 41, ch 15, §2; SL 1971, ch 116, §1; SL 1981, ch 141, §1; SL 1995, ch 97, §1; SL 2011, ch 94, §1; SL 2017, ch 78, §1; SL 2021, ch 76, § 2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-3 - Alternative instruction--Notification--Requirements.

13-27-3. Alternative instruction--Notification--Requirements.
Upon a filing of a notification with either the Department of Education or the local district from the parent, or guardian, or other person having control of a child, the Department of Education or the local district has been notified that the child is being provided with alternative instruction in the basic skills of language arts and mathematics. The person providing instruction is not required to be certified.
No person may instruct more than twenty-two children. All instructions shall be given so as to lead to a mastery of the English language.
Source:
SDC 1939, §15.3202 (2): SL 1955, ch 41, ch 15, §2; SL 1971, ch 116, §2; SL 1975, ch 128, §170; SL 1977, ch 130; SL 1981, ch 141, §2; SL 1983, ch 131, §2; SL 1992, ch 128, §1; SL 1993, ch 136; SL 1996, ch 115; SL 2003, ch 91, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2016, ch 89, §1; SL 2017, ch 78, §2; SL 2021, ch 76, § 3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-3.1 - Birth certificate or affidavit to be submitted--Violation as misdemeanor.

13-27-3.1. Birth certificate or affidavit to be submitted--Violation as misdemeanor.
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 a certified copy of the child's birth certificate or affidavit in lieu of birth certificate as issued by the Department of Health in such cases where the original birth certificate is deemed unattainable. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1988, ch 142, §1; SL 2000, ch 81, §1; SL 2021, ch 76, § 4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-3.2 - Maintenance of birth certificate by school as permanent record.

13-27-3.2. Maintenance of birth certificate by school as permanent record.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-3.3 - Report to district school board of children for whom birth certificate not furnished--Board to notify state's attorney.

13-27-3.3. Report to district school board of children for whom birth certificate not furnished--Board to notify state's attorney.
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 of any child whose permanent cumulative record does not have a copy of a certified birth certificate in violation of §13-27-3.1 or 13-27-3.2. If the violation is not corrected within thirty days after the report, the school board of the district shall notify the state's attorney.
Source:
SL 1988, ch 142, §3; SL 2000, ch 81, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-3.4 - Certified copy of birth certificate to be provided to certain persons at no cost.

13-27-3.4. Certified copy of birth certificate to be provided to certain persons at no cost.
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 for needy families under chapter 28-7, food stamps under chapter 28-12, or county poor relief under chapter 28-13.
Source:
SL 1988, ch 142, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-6 - Child excused because of illness in family.

13-27-6. Child excused because of illness in family.
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 the submission of medical evidence as a condition of granting an excuse pursuant to this section.
Source:
SDC 1939, §15.3202 (1); SL 1955, ch 41, ch 15, §2; SL 1982, ch 142, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-6.1 - Student excused from attendance--Events of state, youth programs, and work as precinct election official.

13-27-6.1. Student excused from attendance--Events of state, youth programs, and work as precinct election official.
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 programs of educational value or for the purpose of working as a precinct election official if the student is at least eighteen years old.
Source:
SL 1977, ch 129, §1; SL 2004, ch 129, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-7 - Notification of alternative instruction.

13-27-7. Notification of alternative instruction.
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 § 13-27-3. The completed form must contain the child's name, birthdate, resident district, and open enrolled district if applicable, signature of the parent, guardian, or other person having control of the child and information for the return of the form. The Department of Education or the local district shall provide the parent, guardian, or other person having control of the child with a signed or stamped copy of the notification as proof of notification. The notification shall be kept confidential. The form shall be provided by the secretary of the Department of Education but may not require more details than set forth by this section.
The notification shall be filed within thirty days from the first time the child begins an alternative instruction program while the child is of school age as defined in § 13-27-1 and is not required thereafter unless one or more of the following transitions occur:
(1)A child enrolls in a public or nonpublic school; or
(2)A child moves to a different school district.
The parent, guardian, or other person having control of the child shall provide notification of any transitions by submitting the standard notification form to the Department of Education or the local district within thirty days of the transition.
Source:
SDC 1939, §15.3202; SL 1955, ch 41, ch 15, §2; SL 1971, ch 116, §3; SL 1981, ch 141, §3; SL 1983, ch 131, §1; SL 1991, ch 20, §§17, 18; SL 1992, ch 128, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2012, ch 98, §1; SL 2017, ch 78, §3; SL 2021, ch 76, § 6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-8 - Appeal on attendance matters to state board --Finality of decision.

13-27-8. Appeal on attendance matters to state board --Finality of decision.
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. The state board's decision shall be final as to the secretary's right of appeal.
Source:
SDC 1939, §15.3202; SL 1955, ch 41, ch 15, §2; SL 1971, ch 116, §4; SL 1981, ch 141, §4; SL 1985, ch 401 (Ex. Ord. 85-3); SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2017, ch 81, §57; SL 2021, ch 76, § 7.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-9 - Record of certificates of excuse--Copies to secretary and place of instruction.

13-27-9. Record of certificates of excuse--Copies to secretary and place of instruction.
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 certificates of excuse shall also be forwarded to the place where the child is instructed. The copies shall be forwarded within thirty days of issuance.
Source:
SDC 1939, §15.3202; SL 1955, ch 41, ch 15, §2; SL 1971, ch 116, §5; SL 1975, ch 128, §173; SL 1983, ch 131, §4; SL 1991, ch 20, §§17, 18; SL 1995, ch 97, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2012, ch 98, §2; SL 2021, ch 76, § 8.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-11 - Failure to send child to school as misdemeanor.

13-27-11. Failure to send child to school as misdemeanor.
Any person having control of a child of compulsory school age who fails to have the child attend school, as required by the provisions of this title, or provide alternative instruction pursuant to § 13-27-3, is guilty of a Class 2 misdemeanor for the first offense. For each subsequent offense, a violator of this section is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §15.9915; SL 1955, ch 41, ch 17, §14; SDC Supp 1960, §15.9914; SL 1982, ch 86, §139; SL 1982, ch 142, §2; SL 2021, ch 76, § 9.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-14 - Truancy officer employed by district--Duties--President of board acting where no officer employed.

13-27-14. Truancy officer employed by district--Duties--President of board acting where no officer employed.
The school board of each school district shall annually appoint and provide for the remuneration of one or more truancy officers, to enforce, under the school board's direction, the compulsory attendance laws within the district. In a school district failing to provide a truancy officer, the president of the school board is the truancy officer and is responsible for the enforcement of the compulsory attendance laws within the school district.
Source:
SDC 1939, §15.3205; SL 1955, ch 41, ch 15, §5; SL 1971, ch 116, §7; SL 1982, ch 142, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-15 - Attendance records maintained by superintendent or president of board--Reports required.

13-27-15. Attendance records maintained by superintendent or president of board--Reports required.
Each superintendent, or the president of the school board in districts without a superintendent, is responsible for maintaining an accurate record of the attendance of all persons of compulsory school age who are enrolled in an accredited school under his or her supervision. The superintendent or president shall, at regular intervals, report the names of all enrolled persons who are of compulsory school age, not excused from school, who do not or who irregularly attend an accredited school to the truancy officer. The superintendent or president shall include reasons for the absences in the report.
Source:
SDC 1939, §15.3203; SL 1955, ch 41, ch 15, §3; SL 1971, ch 116, §8; SL 1975, ch 128, §175; SL 1982, ch 142, §5; SL 2021, ch 76, § 10.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-16 - Warnings by school boards to send children to school--Report to truancy officer.

13-27-16. Warnings by school boards to send children to school--Report to truancy officer.
Each school board shall warn noncompliant parents or persons in control of children of compulsory school age that the children must enter school and attend regularly, or enroll in a high school equivalency test preparation program in accordance with § 13-27-1, or comply with § 13-27-3, and shall report the parents or persons in control of the children to the truancy officer for the district if the warning is not heeded. All school board members, superintendents, and teachers shall cooperate in the enforcement of the school attendance laws.
Source:
SDC 1939, §15.3203; SL 1955, ch 41, ch 15, §3; SL 1975, ch 128, §176; SL 1982, ch 142, §6; SL 2021, ch 76, § 11.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-17 - Investigations and records of truancy officer.

13-27-17. Investigations and records of truancy officer.
Each truancy officer shall carefully check the attendance and nonattendance of all persons required by law to attend school in the district or districts within his jurisdiction and shall keep an accurate record of those persons not in attendance or whose attendance is irregular.
Source:
SDC 1939, §15.3205; SL 1955, ch 41, ch 15, §5; SL 1971, ch 116, §9.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-18 - Neglect of duty by superintendent, president of board, school board, or truancy officer--Harboring or employment of truant child--Hindering attendance by child--Misdemeanor.

13-27-18. Neglect of duty by superintendent, president of board, school board, or truancy officer--Harboring or employment of truant child--Hindering attendance by child--Misdemeanor.
Any superintendent or school board president who fails to make prompt reports on attendance as required by law; any person who harbors or employs a child of compulsory school age who is not legally excused during the school term or being provided alternative instruction pursuant to § 13-27-3; the members of any school board who neglect or refuse to provide school facilities for children enrolled in their school district for at least nine months during the school year, or neglect to perform any other duties enumerated under the compulsory school attendance laws of this state; any truancy officer who neglects to perform the duties of his or her office; or any person who hampers or hinders a child of compulsory school age from attending a school in which the child is enrolled that meets all legal requirements, or who interferes or attempts to interfere with the child's attendance at the school in which the child is enrolled is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §15.9916; SL 1955, ch 41, ch 17, §15; SDC Supp 1960, §15.9915; SL 1971, ch 116, §10; SL 1975, ch 128, §177; SL 1982, ch 86, §140; SL 1982, ch 142, §7; SL 2021, ch 76, § 12.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-19 - Truancy officers--Power--Authority to apprehend--Supervisory control by secretary.

13-27-19. Truancy officers--Power--Authority to apprehend--Supervisory control by secretary.
Each truancy officer has the powers of a deputy sheriff in the exercise of the officer's duties, and shall apprehend without warrant children of compulsory school age who absent themselves from the place where the children are enrolled and required to attend without an excuse, and place the children in the custody of the person having charge of the place where the children are enrolled and by law required to attend. In the administration of the officer's duties, each truancy officer is subject to the general supervisory control of the secretary of the Department of Education.
Source:
SDC 1939, §15.3205; SL 1955, ch 41, ch 15, §5; SL 1971, ch 116, §11; SL 1982, ch 142, §8; SL 2003, ch 272, §63; SL 2021, ch 76, § 13.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-20 - Complaints against persons responsible for truancy--Contents of complaint--Verification--Dismissal.

13-27-20. Complaints against persons responsible for truancy--Contents of complaint--Verification--Dismissal.
Each truancy officer shall make and file truancy complaints for children who are enrolled in the school district. Any teacher, school officer, or citizen may make and file a truancy complaint, before a circuit court judge, against any person having control of a child of compulsory school age who is not being provided with alternative instruction or attending school or whose attendance at school is irregular. The complaint must state the name of the parent, guardian, or person responsible for the control of the child. The complaint must be verified by oath upon belief of the complainant. A truancy complaint that, together with any accompanying affidavit, does not establish probable cause must be dismissed upon motion of the defendant to the circuit court judge.
Source: SDC 1939, §15.3206; SL 1955, ch 41, ch 15, §6; SL 1975, ch 128, §178; SL 1982, ch 142, §9; SL 1993, ch 213, §84; SL 2021, ch 76, §14; SL 2023, ch 56, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-21 - Warrant for arrest of parent, guardian, or responsible person--Summons of witnesses.

13-27-21. Warrant for arrest of parent, guardian, or responsible person--Summons of witnesses.
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, ch 41, ch 15, §6; SL 1975, ch 128, §179; SL 1982, ch 142, §10.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-23 - Penalties invoked on finding of guilty.

13-27-23. Penalties invoked on finding of guilty.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-28 - Disobedience of circuit court order as contempt.

13-27-28. Disobedience of circuit court order as contempt.
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, §184; SL 1982, ch 142, §12.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 27 - Compulsory School Attendance › Section 13-27-29 - Placement of child who has attended unaccredited school or alternative program--Appeal.

13-27-29. Placement of child who has attended unaccredited school or alternative program--Appeal.
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 proficiency as established by one or more standardized tests. However, a child's placement may be in one grade level higher than warranted by the child's chronological age assuming entry into the first grade at age six and annual grade advancement thereafter. After initial placement, the child may be advanced according to the child's demonstrated performance. If a child of secondary 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 in English and math at the level of achievement demonstrated by one or two standardized tests, and in all other subjects on a review of transcripts according to the policy formally adopted by the school board. The child's placement may be in one grade level higher than warranted by the child's chronological age assuming entry into the first grade at age six and annual grade advancement thereafter. After initial placement the child may be advanced according to his demonstrated performance.
Any parent or guardian who is dissatisfied with the placement of his child may appeal it to the secretary of the Department of Education.
Source:
SL 1983, ch 131, §3; SL 1991, ch 20, §§17, 18; SL 2003, ch 272, §63; SL 2021, ch 76, § 15.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-1.1 - Enrolled student defined.

13-28-1.1. Enrolled student defined.
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 an approved program or graduated from high school; and
(3)The student's parent or guardian resides within the school district, or in the case of an emancipated minor or an adult admitted to the district pursuant to §13-28-8, the student resides within the district or the student has been properly assigned to the district or has been approved to attend school in the district under the terms of the enrollment options program established in §13-28-40; and
(4)The student is not simultaneously enrolled in any other school district and has not been excused from school attendance under the terms of §13-27-1.1 or 13-27-2.
Source:
SL 2006, ch 81, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-2 - Kindergarten enrollment eligibility--Transfer from another state.

13-28-2. Kindergarten enrollment eligibility--Transfer from another state.
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, ch 40; SL 1953, ch 55, §4; SL 1955, ch 41, ch 12, §2; SDC Supp 1960, §15.3002; SDCL §13-28-3; SL 1971, ch 117, §2; SL 1979, ch 116, §4; SL 1991, ch 142, §1; SL 2006, ch 80, §3; SL 2007, ch 100, §§1, 2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-4 - Legal age provisions applicable to public and nonpublic schools.

13-28-4. Legal age provisions applicable to public and nonpublic schools.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-5 - Public school privileges free to children until age twenty-one--Fee for early childhood services.

13-28-5. Public school privileges free to children until age twenty-one--Fee for early childhood services.
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 charge a fee for early childhood services for any child who is under the age of compulsory attendance pursuant to §13-27-1 and is not enrolled in kindergarten or a more advanced grade.
Source:
SDC 1939, §§15.2032, 15.3004; SL 1939, ch 40; SL 1943, ch 55; SL 1943, ch 56; SL 1945, ch 58; SL 1945, ch 59; SL 1945, ch 60; SL 1947, ch 72; SL 1951, ch 68; SL 1953, ch 55, §4; SL 1955, ch 41, ch 12, §1; SDC Supp 1960, §15.3001; SL 2012, ch 91, §2, eff. Mar. 1, 2012.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-6 - Continuation of privileges to pupil becoming twenty-one during school year.

13-28-6. Continuation of privileges to pupil becoming twenty-one during school year.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-7.1 - Immunizations required for admission to school or early childhood program--Exceptions--Rules.

13-28-7.1. Immunizations required for admission to school or early childhood program--Exceptions--Rules.
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 immunization against poliomyelitis, diphtheria, pertussis, rubeola, rubella, mumps, tetanus, meningitis, and varicella, according to recommendations provided by the Department of Health. The Department of Health may modify or delete any of the required immunizations. As an alternative to the requirement for a physician's certification, the child may present:
(1)Certification from a licensed physician stating the physical condition of the child would be such that immunization would endanger the child's life or health; or
(2)A written statement signed by one parent or guardian that the child is an adherent to a religious doctrine whose teachings are opposed to such immunization.
The Department of Health may promulgate reasonable rules, pursuant to chapter 1-26, to require compliance and documentation of adequate immunization, to define appropriate certification, and to specify standard procedure.
Source:
SL 1971, ch 141; SL 1972, ch 97; SL 1978, ch 114; SL 1992, ch 129; SL 2000, ch 83, §1; SL 2005, ch 101, §1; SL 2016, ch 90, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-7.2 - Immunizations provided at public expense.

13-28-7.2. Immunizations provided at public expense.
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 immunizations by their parents or guardians and who have not been exempted.
Source:
SL 1971, ch 141; SL 2005, ch 101, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-7.3 - Exclusion of student for risk of infectious disease or communicable parasite--Readmission.

13-28-7.3. Exclusion of student for risk of infectious disease or communicable parasite--Readmission.
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 communicable parasite. A student may be readmitted when the school board or school superintendent, with the concurrence of the county health officer, determines that the state of communicability or infectiousness no longer exists.
Source:
SL 1977, ch 129, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-8 - Admission of adults resident in district without tuition.

13-28-8. Admission of adults resident in district without tuition.
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 1975, ch 128, §187.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-9.1 - Residence of child assigned to special education program.

13-28-9.1. Residence of child assigned to special education program.
A child in need of special education or special education and related services assigned to and enrolled in an approved out of district special education residential or tuition day program by an individualized education program team has school residence in the school district making the assignment. The fiscal responsibility of the school district making the assignment continues until the end of the school fiscal year or until the child's parent or guardian enrolls the child in another school district, the child participates in the new school district's special education program, the new school district conducts a placement committee meeting, a new individualized educational program for the child is adopted, and the child's placement is changed.
Source:
SL 1982, ch 143, §2; SL 2001, ch 84, §1; SL 2009, ch 84, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-10 - School residency of child residing in home other than residence of parents, guardian, or noncustodial parents--Petition to local school board--Appeal.

13-28-10. School residency of child residing in home other than residence of parents, guardian, or noncustodial parents--Petition to local school board--Appeal.
Except as otherwise provided in this section, if a school age child resides in a home other than the residence of the child's parents, guardian, or noncustodial parents, on a temporary or permanent basis, the school residency of the child is where the parents, noncustodial parents, or guardian reside unless, upon request of the person with whom the child is living, the board of the school district accepts the child as a resident of that school district.
If the board rejects the request, the person who made the request may, within fifteen days after receipt of the rejection, petition the board for a hearing. The decision of the board, after the hearing, may be appealed to the circuit court.
A school age child is a resident of the school district in which the child is placed by the Department of Corrections, the Department of Human Services, or the Department of Social Services.
Source: SL 1959, ch 70; SDC Supp 1960, §15.3003; SL 1965, ch 52; SL 1975, ch 128, §188; SL 1982, ch 143, §3; SL 1993, ch 138, §1; SL 1997, ch 96, §1; SL 2022, ch 43, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-11 - Child residing in residential treatment center or intensive residential treatment center--Responsibility for tuition.

13-28-11. Child residing in residential treatment center or intensive residential treatment center--Responsibility for tuition.
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 is responsible for providing an educational program for the child.
Tuition for a child who is not placed by an individualized education program team but is, at the time of placement , enrolled in a school district or state operated school must be paid as provided in §13-13-87.
The provisions of this section and §13-13-87 do not apply to any placement by the Department of Corrections or the Department of Social Services.
For purposes of this section, the term, school district, means a political subdivision of this state created in accordance with chapter 13-5.
For purposes of this section, the term, state operated school, means the South Dakota Human Services Center academic program, the South Dakota School for the Blind and Visually Impaired, or any school so designated by the South Dakota Board of Education Standards.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-14 - School privileges of persons honorably discharged from military service.

13-28-14. School privileges of persons honorably discharged from military service.
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 under act of Congress is entitled to have tuition paid by the United States, or is entitled to receive from the United States for education and training, an allowance paying in part or all of the expenses of his subsistence, tuition, fees, supplies, books, and equipment.
Source:
SL 1943, ch 56; SL 1945, ch 58; SL 1945, ch 60; SL 1947, ch 72; SL 1951, ch 68; SL 1955, ch 41, ch 12, §6; SDC Supp 1960, §15.3006; SL 1975, ch 128, §192.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-15 - Assignment of elementary students within district--Factors considered--Review of board's decision.

13-28-15. Assignment of elementary students within district--Factors considered--Review of board's decision.
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 Education Standards' accreditation rules, the wishes of the parents or guardians of the child being assigned and the district patrons, the miles and time involved in transporting the child to school, and the educational and financial impact on the district. Any patron who is aggrieved by a decision of the school board may request a hearing within thirty days before the secretary of the Department of Education or his representative. If the Department of Education has not rendered a decision within thirty days following final submission of the appeal, the board's decision is affirmed.
Source:
SDC 1939, §15.3006; SL 1945, ch 61; SL 1953, ch 63, §1; SL 1955, ch 41, ch 13, §1; SL 1957, ch 73, §1; SDC Supp 1960, §15.3301; SL 1961, ch 79; SL 1974, ch 130, §2; SL 1977, ch 132, §1; SL 1984, ch 120, §1; SL 1986, ch 131, §1; SL 1992, ch 116, §2; SL 1997, ch 88, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-19 - Assignment of students by school board.

13-28-19. Assignment of students by school board.
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, §15.3302; SL 1961, ch 80; SL 1963, ch 69, §8; SL 1975, ch 128, §193; SL 1997, ch 88, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 28 - School Attendance Privileges And Tuition › Section 13-28-19.1 - Student assignment where school district dissolves and is annexed to another district.

13-28-19.1. Student assignment where school district dissolves and is annexed to another district.
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 for each school year thereafter, assign the students who reside in land area that was part of the former contracting district to the school that was receiving the students under the contract. The rate of tuition paid per year to the receiving school district may not be less than the per student equivalent as defined in §13-13-10.1 for that school fiscal year and is not subject to the tuition limitation in §13-28A-2.1. In addition, the school district to which the former contracting school district is annexed may compensate the receiving school district for all or any portion of the transportation or other costs associated with the students attending school in the receiving school district. If the parent or guardian of a student assigned to a school district in a bordering state pursuant to this section disapproves of the student's assignment, the school board shall assign that student to an attendance center within the district. However, notwithstanding any other provision of law, the school district is not required to provide transportation to that student.
Source:
SL 1989, ch 144, §1; SL 1991, ch 143, §1; SL 2009, ch 85, §1; SL 2016, ch 83, §18; SL 2016, ch 91, §1.