State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
ENGROSSED NO. HB 1189 - 2/27/2012
Introduced by: Representative Greenfield
FOR AN ACT ENTITLED, An Act to establish a deadline within each semester after which no
student may transfer to a school district other than the resident school district through the
enrollment options program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-28-43 be amended to read as follows:
13-28-43. A student's parent or legal guardian who wishes to enroll the student, or an
emancipated student who wishes to enroll, under the provisions of §§ 13-28-40 to 13-28-47,
inclusive, in a South Dakota school district other than the resident district or in a school within
the resident district other than the school to which the student has been assigned shall apply on
forms provided by the Department of Education.
The school board or the board's designee of the district in which the student desires to enroll
shall approve or disapprove the application and shall notify the applicant and the resident board,
if applicable, of its decision within five days of the decision. The district in which the student
desires to enroll shall review the applications in the order received.
Transfers to a school district other than the resident school district under the provisions of
§§ 13-28-40 to 13-28-47, inclusive, may only take place prior to the last Friday in September
during the first semester of any school year, and prior to the last Friday in January during the
second semester of any school year. If a school district approves an application for such a
transfer after the deadline in the first semester, the transfer will occur at the start of the second
semester. If a school district approves an application for such a transfer after the deadline in the
second semester, the transfer will occur at the start of the following school year. However, the
deadlines for transfer do not apply if:
(1) A student is seeking to transfer to an alternative school or a specialized nonpublic
(2) A student enrolls in a school district after the deadline in either semester; or
(3) The receiving school district school board or the board's designee determines that
special circumstances exist and allows a student to transfer after the deadline.
Intradistrict transfer applications may be accepted and acted upon at any time at the board's
discretion if the policies on which the transfer decisions are based are consistent with the other
requirements of §§ 13-28-40 to 13-28-47, inclusive.
An application may be withdrawn by the applicant prior to the approval of the request and
upon notification of the district to which the student applied. Once approved by the district in
which the student wishes to enroll, the approved application serves as the applicant's notice of
intent to enroll in the nonresident district or desired school during the school year and obligates
the student to attend school in the nonresident district or desired school during the school year,
unless the affected school board or boards agree in writing to allow the student to transfer back
to the resident district or assigned school, or unless the parents, guardians, or emancipated
student change residence to another district.
Once enrolled in a nonresident district or nonassigned school, the student may remain
enrolled and is not required to resubmit annual applications.