An Act to permit a school district to implement a new or revised section 504 plan, individualized family service plan, or individualized education program for a student who is the child of an active-duty member of the United States armed forces.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 13-37:

Within thirty days after the date on which the student is enrolled in a school district, the district must implement a new or revised plan under section 504 of the Rehabilitation Act, 20 U.S.C. § 794 (January 1, 2025), a new or revised individualized family service plan under 20 U.S.C. § 1436 (January 1, 2025), or a new or revised individualized education program under 20 U.S.C. § 1401 (January 1, 2025) if:

(1) The student is the child of an active-duty member of the United States armed forces, as defined in § 13-55-7, and the member is the subject of a military transfer to this state;

(2) The student currently has a section 504 plan, individualized family service plan, or an individualized education program implemented by the district in which the student was previously enrolled; and

(3) The appropriate school district staff do not agree to member does not implement the current section 504 plan, individualized family service plan, or individualized education program.

Before the student is enrolled in the school district, the inbound active-duty member of the United States armed forces shall indicate that the student is child of an active-duty member of the United States armed forces who is the subject of a military transfer to this state, and shall provide the school district with a copy of the student's current section 504 plan, individualized family service plan, or individualized education program. The school district shall accept unofficial records provided by the student's parent or guardian pending validation by the official records, pursuant to § 13-53E-1(IV)(A). When the student is enrolled and receives conditional placement, the school district shall take reasonable steps to request the student's official education record from the district in which the student was previously enrolled, pursuant to § 13-53E-1(IV)(B).