South Dakota Codified Laws
Chapter 28 - School Attendance Privileges And Tuition
Section 13-28-44 - Standards for acceptance or rejection of application to enroll.

13-28-44. Standards for acceptance or rejection of application to enroll.
Each school district by November 1, 1997, shall by resolution adopt relevant standards for the acceptance and rejection of an application to enroll in the district under the provisions of §§13-28-40 to 13-28-47, inclusive. The board shall adopt standards through official board action, set them forth in writing, and make them available to any individual upon receiving an oral or written request. Standards shall be limited to the capacity of a program, class, grade level, and school building operated by the board and the pupil/teacher ratio. Discrimination based on race, gender, religious affiliation, or disability is prohibited. If two or more children from a family residing in the same household must enroll in different school districts as the result of a board's denial of an application to transfer from a resident district or to enroll in a nonresident district under the provisions of §§13-28-40 to 13-28-47, inclusive, neither the resident board nor the nonresident board may deny the application. However, two or more children from a family residing in the same household who are eligible for kindergarten through twelfth grade may open enroll only if, pursuant to §13-28-42.1, the nonresident district can provide an appropriate instructional program and facilities, including transportation, for the child in need of special education or special education and related services. If the nonresident district cannot meet the provisions of §13-28-42.1 for the child in need of special education or special education and related services, the nonresident district may deny that child's application for open enrollment.
The decision of a local school board regarding a student's application for open enrollment or a request to return to the resident district under the provisions of §§13-28-40 to 13-28-47, inclusive, is subject to de novo appeal under the provisions of chapter 13-46. The Department of Education may promulgate rules pursuant to chapter 1-26 specifying procedural and administrative requirements for the implementation of the open enrollment program and related transfers and enrollments under the provisions of §§13-28-40 to 13-28-47, inclusive.

Source: SL 1997, ch 98, §5; SL 2000, ch 82, §1; SL 2003, ch 272, §63; SL 2004, ch 130, §2.

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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.