13-28-10. School residency of child residing in home other than residence of parents, guardian, or noncustodial parents--Petition to local school board--Appeal.
Except as otherwise provided in this section, if a school age child resides in a home other than the residence of the child's parents, guardian, or noncustodial parents, on a temporary or permanent basis, the school residency of the child is where the parents, noncustodial parents, or guardian reside unless, upon request of the person with whom the child is living, the board of the school district accepts the child as a resident of that school district.
If the board rejects the request, the person who made the request may, within fifteen days after receipt of the rejection, petition the board for a hearing. The decision of the board, after the hearing, may be appealed to the circuit court.
A school age child is a resident of the school district in which the child is placed by the Department of Corrections, the Department of Human Services, or the Department of Social Services.
Source: SL 1959, ch 70; SDC Supp 1960, §15.3003; SL 1965, ch 52; SL 1975, ch 128, §188; SL 1982, ch 143, §3; SL 1993, ch 138, §1; SL 1997, ch 96, §1; SL 2022, ch 43, §1.
Structure South Dakota Codified Laws
Chapter 28 - School Attendance Privileges And Tuition
Section 13-28-1.1 - Enrolled student defined.
Section 13-28-2 - Kindergarten enrollment eligibility--Transfer from another state.
Section 13-28-4 - Legal age provisions applicable to public and nonpublic schools.
Section 13-28-6 - Continuation of privileges to pupil becoming twenty-one during school year.
Section 13-28-7.2 - Immunizations provided at public expense.
Section 13-28-8 - Admission of adults resident in district without tuition.
Section 13-28-9.1 - Residence of child assigned to special education program.
Section 13-28-14 - School privileges of persons honorably discharged from military service.
Section 13-28-19 - Assignment of students by school board.
Section 13-28-21 - Admission of nonresident students.
Section 13-28-22 - Tuition charged for students not entitled to free school privileges of district.
Section 13-28-23 - School board to pay tuition for assigned students.
Section 13-28-30 - Period of pupil's membership in school--Date of permanent withdrawal.
Section 13-28-34 - Rebates and refunds to induce attendance at school as misdemeanor.
Section 13-28-35 - Tuition charges for adult education program.
Section 13-28-37 - Postsecondary enrollment--Course credit--Failing grade eliminates eligibility.
Section 13-28-40 - Enrollment options program established.
Section 13-28-44 - Standards for acceptance or rejection of application to enroll.
Section 13-28-45 - Transportation of transfer student.
Section 13-28-46 - Transfer credits.
Section 13-28-47 - Disclosure.
Section 13-28-47.1 - Return of student to resident school district or assigned school--Notice .
Section 13-28-48 - Nonresident district must serve student's grade level within district.