South Dakota Codified Laws
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, and any teacher, school officer, or any 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 shall state the name of the parent, guardian, or person responsible for the control of the child. The complaint shall be verified by oath upon belief of the complainant. A truancy complaint that, together with any accompanying affidavit, does not establish probable cause shall 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.

Structure South Dakota Codified Laws

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.

Section 13-27-1.1 - Religious exemption after eighth grade.

Section 13-27-1.2 - Promulgation of rules on high school equivalency testing.

Section 13-27-2 - Child excused from school.

Section 13-27-3 - Alternative instruction--Notification--Requirements.

Section 13-27-3.1 - Birth certificate or affidavit to be submitted--Violation as misdemeanor.

Section 13-27-3.2 - Maintenance of birth certificate by school as permanent record.

Section 13-27-3.3 - Report to district school board of children for whom birth certificate not furnished--Board to notify state's attorney.

Section 13-27-3.4 - Certified copy of birth certificate to be provided to certain persons at no cost.

Section 13-27-6 - Child excused because of illness in family.

Section 13-27-6.1 - Student excused from attendance--Events of state, youth programs, and work as precinct election official.

Section 13-27-7 - Notification of alternative instruction.

Section 13-27-8 - Appeal on attendance matters to state board --Finality of decision.

Section 13-27-9 - Record of certificates of excuse--Copies to secretary and place of instruction.

Section 13-27-11 - Failure to send child to school as misdemeanor.

Section 13-27-14 - Truancy officer employed by district--Duties--President of board acting where no officer employed.

Section 13-27-15 - Attendance records maintained by superintendent or president of board--Reports required.

Section 13-27-16 - Warnings by school boards to send children to school--Report to truancy officer.

Section 13-27-17 - Investigations and records of truancy officer.

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.

Section 13-27-19 - Truancy officers--Power--Authority to apprehend--Supervisory control by secretary.

Section 13-27-20 - Complaints against persons responsible for truancy--Contents of complaint--Verification--Dismissal.

Section 13-27-21 - Warrant for arrest of parent, guardian, or responsible person--Summons of witnesses.

Section 13-27-23 - Penalties invoked on finding of guilty.

Section 13-27-28 - Disobedience of circuit court order as contempt.

Section 13-27-29 - Placement of child who has attended unaccredited school or alternative program--Appeal.