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
educational program;
(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An application may be withdrawn by the applicant prior to the approval of the request and upon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.
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.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1189
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President Pro Tempore of the
Senate
____________________________
Secretary of the Senate
House Bill No. 1189
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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