AMENDMENT FOR PRINTED BILL
177bc
___________________ moved that SB 177 be amended as follows:
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That subdivision (2A) of § 13-13-10.1 be amended to read:
(2A) "Fall enrollment," the number of kindergarten through twelfth grade students enrolled in
all schools operated by the school district on the last Friday of September of the current
school year plus 0.1 times the number of students receiving alternative instruction who
participate in interscholastic activities pursuant to section 2 of this Act minus the number
of students for whom the district receives tuition, except nonresident students who are in
the care and custody of a state agency and are attending a public school and students for
whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for
whom the district pays tuition. When computing state aid to education for a school district
pursuant to § 13-13-73, the secretary of the Department of Education shall use the school
district's fall enrollment;
Section 2. That § 13-36-7 be amended to read:
13-36-7. Any student enrolling in a South Dakota district pursuant to § 13-15-21 is eligible to
participate in any interscholastic activity sponsored by the South Dakota High School Activities
Association. If the school board or governing body of an accredited school approves, a Any student
receiving alternative instruction pursuant to § 13-27-3 is eligible to participate in any interscholastic
activity sponsored by the South Dakota High School Activities Association. Nothing in this section
confers any vested right in any student wishing to participate in any interscholastic activity to be
selected for competition in such activity. However, any accredited school student who leaves an
accredited program during the course of the school year for any reason and enters an alternative
instruction program is ineligible for participation in interscholastic activities for one year beginning
on the date in which the student enters the alternative program. Participation in any interscholastic
activity by a student receiving alternative instruction shall in no way affect the student's public
school exemption certificate.
Section 3. That chapter 13-36 be amended by adding a NEW SECTION to read:
Each student receiving alternative instruction that participates in up to three interscholastic
activities within the district shall be counted a 0.1 student towards the school's fall enrollment
pursuant to § 13-13-10.1.
Section 4. That chapter 13-36 be amended by adding a NEW SECTION to read:
A student receiving alternative instruction shall be deemed academically eligible to participate
in interscholastic activities if:
(1) The student is in compliance with all requirements of alternative instruction;
(2) The student's public school exemption certificate has not been revoked; and
(3) The school board has not refused to renew the student's public school exemption
certificate because of less than satisfactory academic progress.
A student academically ineligible to participate in any interscholastic activity while enrolled in
an accredited school who transfers to an alternative instruction program shall be ineligible to
participate in any accredited school interscholastic activity for forty-five days after entering the
alternative instruction program and the student is eligible pursuant to section 4 of this Act.
Section 5. That chapter 13-36 be amended by adding a NEW SECTION to read:
A student receiving alternative instruction participating, or seeking to participate, in any
accredited school interscholastic activity shall comply with all rules and policies that are applicable
to students enrolled in an accredited school and pay the same fees that students enrolled in an
accredited school are required to pay if the rules and policies are not inconsistent with this Act.
Section 6. That chapter 13-36 be amended by adding a NEW SECTION to read:
A school district has no duty to transport a student receiving alternative instruction to the school
for interscholastic activity practices, meetings, or events. Students receiving alternative instruction
may not be prohibited from riding on buses or other forms of transportation with the team to any
event away from the local accredited school if the team is being transported by bus or other form of
transportation.
Section 7. Sections 1 and 3 of this Act are effective on July 1, 2018."