13-28-42.1. Transfer of special education students--Nonresident district's responsibilities.
Notwithstanding the provisions of §§13-28-44 and 13-37-8.4, a request to transfer a student in need of special education or special education and related services may be granted only if the nonresident district:
(1)Upon receipt of an open enrollment application, obtains copies of all relevant student education records on the student applying to open enroll from the resident district;
(2)Completes a review of those relevant student education records; and
(3)Directly communicates with the student's parent or guardian and representatives of the resident district regarding the student's special education or special education and related services needs.
If the nonresident district confirms, based upon the records review and communications with the student's parent or guardian and representatives of the nonresident district, that it can provide an appropriate instructional program and facilities, including transportation, if necessary, to meet the needs of the student, it may proceed under the provisions of §13-28-43. If the nonresident district is not able to make that confirmation, the nonresident district shall initiate an individual education program team meeting consisting of representatives from both the resident and nonresident districts to determine whether the nonresident district can provide an appropriate instructional program, facilities, and transportation, if necessary.
A request to transfer a student in need of special education or special education and related services may be denied only pursuant to §13-28-44 or if an individual education program team consisting of representatives from the resident and nonresident districts determines that the nonresident district cannot provide an appropriate instructional program and facilities, including transportation, to meet the student's needs. Notwithstanding the provisions of §§13-37-1.3 and 13-37-8.4, if the request to transfer is granted, the nonresident district is responsible for the provision of a free appropriate public education for the student in need of special education or special education and related services. Notwithstanding the provisions of §13-28-45, the nonresident district shall also determine whether the student in need of special education requires transportation as a related service. If so, the nonresident district shall provide or ensure the provision of transportation within the boundaries of the attendance center to which the student is assigned.
If a parent or guardian of a student in need of special education or special education and related services requests to transfer the student back to the resident district, the provisions of §13-28-43 apply.
Source: SL 2000, ch 84, §2; SL 2004, ch 130, §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.