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FAIRSD
Advance, Protect, Secure
  • Home
  • ABOUT US
  • Take Action
    • Action Alerts!
    • Free Civics Guide
    • Coffees & Cracker Barrels
    • How to get involved
  • Day at the Capitol
  • Donate
  • SD Laws
  • FAQ
  • More
    • Blog
    • Resources
    • Spotlight Family
    • Spotlight Leader

South Dakota Homeschool laws and requirements

General overview of South Dakota laws

Click here to see a general overview of South Dakota homeschool laws published by the Department of Education


Click here to see HSLDA's guide to South Dakota legal requirements.

Parent/Guardian responsibilities as defined by law

Age requirements for kindergarten, graduation and GED


Notification, the info they will ask for and when you need to update your form


Find your school district


Notification and what you are required to teach. How many children you can teach


Department of Education Notification info page


Department of Education Online portal to notify


Department of Education Paper form

Partial/part-time enrollment in public school as a homeschooler

Homeschool students are allowed to partially enroll i.e. take classes in the public school part time. 


This is the Attorney General opinion that clarified that public schools must accept homeschool students for partial enrollment. 


If a child is enrolled more than 50% of the day they are legally required to take standardized tests

Open enrollment for homeschool students

A new school district must admit a homeschool child into their district unless doing so would result in inability to provide quality education


Timelines and approval process for open enrollment


Standards for acceptance or rejection of open enrollment


Department of Education FAQ on open enrollment and forms

Homeschool students participating in activities at local public school

Homeschoolers are allowed to participate in public school sanctioned activities in the district in which they reside, or open enroll to, without taking a minimum number of classes as long as they meet eligibility standards. 


Notes: 

1. Students of any grade level may participate in any activity at their public school. Some high school activities are sanctioned by the South Dakota High School Activities Association and there are specific requirements for that participation. 

2. High school students who are participating in a SDHSAA sanctioned activity cannot leave public school mid-semester and continue to participate in activities that semester as a Alternative Instruction student. 

3. You may be asked to submit transcripts for the previous semester grades to prove academic eligibility. 

4. You must follow South Dakota High School Activities Association rules on activities eligibility. Those can be found here, starting on page 8.

5. You must fill out the SDHSAA checklist and provide it to your school. Find that form here. 


South Dakota High School Activities Association Main Page


South Dakota High School Activities Association Activities Handbook

Dual Credit - taking high school and college classes in the same year

General laws on dual credit. Age/grade level, failing grades, tuition 


Dual credit general FAQ published by State of South Dakota

Scholarships

Eligibility requirements for Opportunity Scholarship


Opportunity Scholarship website


Board of Regents Scholarships

Loan of textbooks

Public schools are legally required to loan texts to homeschool children upon request 

Truancy

Neglect of duty by superintendent, president of board, school board, or truancy officer--Harboring or employment of truant child--Hindering attendance by child--Misdemeanor


Complaints against persons responsible for truancy--Contents of complaint--Verification--Dismissal

Special considerations for small schools

Bus/transportation inspection.

School placement after receiving alternative instruction

Primary and Secondary Education placement


Note: high schools do not have to accept homeschool credits even if they were taken from a nationally accredited program.  

Special Eduation Services

School districts are required to conduct an evaluation at the request of a parent.


The federal law, Individuals with Disabilites Education Act (IDEA), requires public schools to identify, locate, and evaluate children with disabilities, whether or not they attend public school. This means that a parent may request the local public school conduct an evaluation when they suspect their child has a disability. 


While a child receiving alternative instruction has the right to an evaluation and a subsequent Individualized Educational Program (IEP) from the local school if found to have a disability that hinders academic performance, this is not mandatory and parental consent is required. 


School districts are not legally required to provide services (other than an evaluation) for children who receive alternative instruction. Some school districts do provide services for alternative instruction at their discrection.


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