Open enrollment provisions revised.
ENTITLED, An Act to
revise certain provisions pertaining to open enrollment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
be amended to read as follows:
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 and Cultural Affairs.
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.
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
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An application may be withdrawn by the applicant prior to the approval of the request and upon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
The student may not transfer back to the resident district or assigned school during
the remainder of the school year. Following the school year, the student may return to the resident
district or assigned school if the affected school board or boards agree in writing to allow it.
Once enrolled in a nonresident district or nonassigned school, the student may remain enrolled
and is not required to resubmit annual applications.
Signed February 27, 2002.