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.



SDLRC - Codified Law 13-27-3 - Alternative instruction--Notification--Requirements.

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.



SDLRC - Codified Law 13-27-3 - Alternative instruction--Notification--Requirements.

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.



SDLRC - Codified Law 13-27-3 - Alternative instruction--Notification--Requirements.

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.



SDLRC - Codified Law 13-27-3 - Alternative instruction--Notification--Requirements.

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.