13-27-29. Placement of child who has attended unaccredited school or alternative program--Appeal.
If a child of compulsory school age has been attending an unaccredited school in another state or country or has been receiving alternative instruction pursuant to §13-27-3 enrolls in a public school in this state, the child shall be placed at the child's demonstrated level of proficiency as established by one or more standardized tests. However, a child's placement may be in one grade level higher than warranted by the child's chronological age assuming entry into the first grade at age six and annual grade advancement thereafter. After initial placement, the child may be advanced according to the child's demonstrated performance. If a child of secondary school age has been attending an unaccredited school in another state or country or has been receiving alternative instruction pursuant to §13-27-3 enrolls in a public school in this state, the child shall be placed in English and math at the level of achievement demonstrated by one or two standardized tests, and in all other subjects on a review of transcripts according to the policy formally adopted by the school board. The child's placement may be in one grade level higher than warranted by the child's chronological age assuming entry into the first grade at age six and annual grade advancement thereafter. After initial placement the child may be advanced according to his demonstrated performance.
Any parent or guardian who is dissatisfied with the placement of his child may appeal it to the secretary of the Department of Education.
Source: SL 1983, ch 131, §3; SL 1991, ch 20, §§17, 18; SL 2003, ch 272, §63; SL 2021, ch 76, § 15.
Structure South Dakota Codified Laws
Chapter 27 - Compulsory School Attendance
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 13-27-6 - Child excused because of illness in family.
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 13-27-16 - Warnings by school boards to send children to school--Report to truancy officer.
Section 13-27-17 - Investigations and records of truancy officer.
Section 13-27-23 - Penalties invoked on finding of guilty.
Section 13-27-28 - Disobedience of circuit court order as contempt.