2018 Session Laws

CHAPTER 97

(HB 1114)

Students enrolling in school districts
after participating in open enrollment.


        ENTITLED, An Act to establish certain requirements for students enrolling in resident school districts or assigned schools after participating in open enrollment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 13-28-43 be amended to read:

    13-28-43. A student's parent or legal guardian who wishes to enroll the student, or an emancipated student who wishes to enroll, under the provisions of §§ 13-28-40 to 13-28-47, inclusive, in a South Dakota school district other than the resident district or in a school within the resident district other than the school to which the student has been assigned shall apply on forms provided by the Department of Education.

    The school board or the board's designee of the district in which the student desires to enroll shall approve or disapprove the application and shall notify the applicant and the resident board, if applicable, of its decision within five days of the decision. The district in which the student desires to enroll shall review the applications in the order received. However, if the applicant is a sibling of a student accepted into and currently enrolled in the district pursuant to §§ 13-28-40 to 13-28-47, inclusive, that student's application shall take priority over all other applications the district has received consistent with § 13-28-44.

    Transfers to a school district other than the resident school district under the provisions of §§ 13-28-40 to 13-28-47, inclusive, may only take place prior to the last Friday in September during the first semester of any school year, and prior to the last Friday in January during the second semester of any school year. If a school district approves an application for such a transfer after the deadline in the first semester, the transfer will occur at the start of the second semester. If a school district approves an application for such a transfer after the deadline in the second semester, the transfer will occur at the start of the following school year. However, the deadlines for transfer do not apply if:

            (1)    A student is seeking to transfer to an alternative school or a specialized nonpublic educational program;

            (2)    A student enrolls in a school district after the deadline in either semester; or

            (3)    The receiving school district school board or the board's designee determines that special circumstances exist and allows a student to transfer after the deadline.

    Intradistrict transfer applications may be accepted and acted upon at any time at the board's discretion if the policies on which the transfer decisions are based are consistent with the other

requirements of §§ 13-28-40 to 13-28-47, inclusive.

    An application may be withdrawn by the applicant prior to the approval of the request and upon notification of the district to which the student applied. Once approved by the district in which the student wishes to enroll, the approved application serves as the applicant's notice of intent to enroll in the nonresident district or desired school during the school year and obligates the student to attend school in the nonresident district or desired school during the school year, unless, as provided in section 2 of this Act, the affected school board or boards agree in writing to allow the student to transfer back to the resident district or assigned school, or unless the parents, guardians, or emancipated student change residence to another district.

    Once enrolled in a nonresident district or nonassigned school, the student may remain enrolled and is not required to resubmit annual applications.

    Section 2. That chapter 13-28 be amended by adding a NEW SECTION to read:

    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.

     Signed March 23, 2018
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