BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-27-2 be amended to read:
13-27-2. Upon filing of a notification with a school official from the parent or guardian of the child for the reasons set forth in § 13-27-3, the child shall be excused, without the necessity of school board action, subject to revocation thereafter as provided in this chapter. 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.
Section 2. That § 13-27-3 be amended to read:
13-27-3. A child shall be excused from school attendance, pursuant to § 13-27-2, because the child is otherwise provided with alternative instruction for an equivalent period of time, as in the public schools, in the basic skills of language arts and mathematics. The parent or guardian of the child shall identify in the notification the place where the child will be instructed and any person who will instruct the child. The person is not required to be certified. The secretary of the Department of Education may investigate and determine whether the instruction is being provided. Failure to provide instruction is grounds for the school board, upon thirty days' notice, to revoke the excuse from school attendance. The secretary of the Department of Education may inspect the records of an alternative education program with fourteen days' written notice if the secretary has probable cause to believe the program is not in compliance with this section. The records to be inspected are limited to attendance and evidence showing academic progress.
grades four, eight, or eleven shall take a nationally standardized achievement test of the basic skills.
The test may be the test provided by the state and used in the public school district where the child
is instructed or another nationally standardized achievement test chosen by and provided at the
expense of the child's parent, guardian, or school giving alternative instruction. The test may be
monitored by the local school district where the child is instructed.
Section 3. That § 13-27-7 be amended to read:
13-27-7. Each notification for excuse from school attendance for the reasons provided in § 13-27-3 shall be on a standard form acknowledged before a notary or two witnesses. The form shall be
provided by the secretary of the Department of Education. A certificate of excuse shall be included
as part of the notification and is effective upon the filing of the notification with a school official,
without the necessity of school board action, subject to revocation thereafter as provided in this
chapter. The certificate of excuse shall be for a period not to exceed one year and shall state the
reason for the excuse is that the child will receive alternative instruction. Upon a showing by the
secretary of the Department of Education that a child excused from school attendance pursuant to
§ 13-27-3 is not being instructed in compliance with § 13-27-3, the school board may immediately
revoke the child's certificate of excuse.
An Act to clarify certain provisions regarding the process to be excused from public school attendance.
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I certify that the attached Act originated in the
HOUSE as Bill No. 1122
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1122 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
