South Dakota Codified Laws
Chapter 28 - School Attendance Privileges And Tuition
Section 13-28-41 - Request for transfer--Nonresident child excused from attending in another district--Nonresident child provided with alternative instruction.

13-28-41. Request for transfer--Nonresident child excused from attending in another district--Nonresident child provided with alternative instruction.
A school district shall grant a request for a transfer into the district or within the district unless the transfer would result in an inability to provide a quality educational program based on criteria established by the district pursuant to §13-28-44.
In addition, a school district shall grant a request to admit into the district a child who is a resident of another school district and who is excused from attending school in the resident district pursuant to §13-27-2, or is a child provided with alternative instruction pursuant to § 13-27-3, unless admitting the nonresident child would result in an inability to provide a quality educational program based on criteria established by the district pursuant to §13-28-44.

Source: SL 1997, ch 98, §2; SL 2007, ch 101, §3; SL 2021, ch 76, § 16.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 13 - Education

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 13-28-5 - Public school privileges free to children until age twenty-one--Fee for early childhood services.

Section 13-28-6 - Continuation of privileges to pupil becoming twenty-one during school year.

Section 13-28-7.1 - Immunizations required for admission to school or early childhood program--Exceptions--Rules.

Section 13-28-7.2 - Immunizations provided at public expense.

Section 13-28-7.3 - Exclusion of student for risk of infectious disease or communicable parasite--Readmission.

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 13-28-10 - School residency of child residing in home other than residence of parents, guardian, or noncustodial parents--Petition to local school board--Appeal.

Section 13-28-11 - Child residing in residential treatment center or intensive residential treatment center--Responsibility for tuition.

Section 13-28-14 - School privileges of persons honorably discharged from military service.

Section 13-28-15 - Assignment of elementary students within district--Factors considered--Review of board's decision.

Section 13-28-19 - Assignment of students by school board.

Section 13-28-19.1 - Student assignment where school district dissolves and is annexed to another district.

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 13-28-24 - Advance payment of tuition by student or parents--Refund if student ceases to attend.

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 13-28-37.1 - State subsidized high school dual credit program--Course requirements--Limitations on participation--Tuition rate--Payment of tuition and costs.

Section 13-28-39 - Payment of tuition costs for students in residential treatment centers, intensive residential treatment centers, or group care centers for minor--Tuition rate setting--Promulgation of Rules.

Section 13-28-40 - Enrollment options program established.

Section 13-28-41 - Request for transfer--Nonresident child excused from attending in another district--Nonresident child provided with alternative instruction.

Section 13-28-42.1 - Transfer of special education students--Nonresident district's responsibilities.

Section 13-28-43 - Enrollment of student in other than resident district or transfer within district--Approval and notification.

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.

Section 13-28-50 - School districts to provide student mailing lists to Board of Regents and technical colleges--Use in providing post-secondary school information--Exception.

Section 13-28-51 - Enrollment of child on partial basis upon request of parent or guardian--Alternative instruction.

Section 13-28-52 - Promulgation of rules regarding services and tuition for children residing in residential treatment centers and intensive residential treatment centers.