Legal/Homeschool Laws
Laws that regulate home education vary from state to state. It is important to understand the legal requirements in your state and to be aware of legislative and other legal issues that affect homeschoolers in your community. We've compiled resources that will help you become informed. Although homeschooling is legal in all 50 states, and the vast majority of homeschoolers face no problems, you may find that you need legal assistance at some point in your homeschooling career. We've compiled a list of resources to help you find the support you need. And if you'd like to become more involved in working towards homeschooling freedoms, we discuss some of the issues facing homeschoolers that we hope you find compelling.
State Laws
Read the laws regulating home education in South Dakota and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Forms
Which forms do you need to fill out? Where can you get them? Here is a list of useful forms for homeschooling in South Dakota.
Legal Support
If you need legal information or have run into a legal situation regarding your decision to homeschool, these resources will be helpful.
Lobbying Groups
A listing of local and national lobbying groups and information on how you can become involved in the political process to ensure the freedom to homeschool is protected.
Attorneys
When searching for an attorney, it is helpful to know whether he or she has experience working with homeschoolers and is interested in protecting the right to homeschool.
Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Government Resources
A listing of local and state government resources, including your state's Department of Education, school districts, and Senate and House of Representative information.
What's Popular
13-27-1.1. Religious exemption after eighth grade.
A child of compulsory school age who has successfully completed the first eight grades is excused from compulsory school attendance under § 13-27-1 if: (1) The child or the parents of the child are members of a recognized church or religious denomination that objects to the regular public high school education; and (2) The recognized church or religious denomination either individually or in cooperation with another recognized church or religious denomin...
South Dakota Department of Education
This is the official internet presence for the South Dakota Department of Education. Discover resources and services designed to assist families with children.
13-27-3.3. Report to district school board of children for whom birth certificate not furnished--Board to notify state's attorney.
The superintendent of any public or nonpublic school or any person who provides alternative instruction in this state who maintains a child's permanent cumulative school record shall within thirty days of enrollment report to the school board of the district the name and address of any child whose permanent cumulative record does not have a copy of a certified birth certificate in violation of § 13-27-3.1 or 13-27-3.2. If the violation is not corrected within thirty days after the report, the sc...
13-27-20. Complaints against persons responsible for truancy--Contents of complaint-- Verification.
Each truancy officer shall make and file truancy complaints, and any teacher, school officer, or any citizen may make and file a truancy complaint, before a circuit court judge, against any person having control of a child of compulsory school age who is not attending school or whose attendance is irregular. The complaint shall state the name of the parent, guardian, or person responsible for the control of the child. The complaint shall be verified by oath upon belief of the complainant.
13-27-7. Applications for excuse from attendance--Certificate issued by board president-- Revocation--Grounds.
All applications for excuse from school attendance shall be on a standard form acknowledged before a notary or two witnesses. The form shall be provided by the secretary of the Department of Education. If the application is granted, a certificate of excuse also provided by the secretary of the Department of Education shall be issued by the president of the school board having jurisdiction over the district in which the child has school residence. The certificate of excuse shall be for a period n...
13-27-3.1. Birth certificate or affidavit to be submitted--Violation as misdemeanor.
Any person who is required pursuant to § 13-27-1 to cause any child to attend any public or nonpublic school or alternative instruction program pursuant to § 13-27-3 in this state shall, either at the time of enrollment in any school in this state or upon being excused from school attendance pursuant to § 13-27-3 or within thirty days of initial enrollment or excuse, provide the public or nonpublic school or the alternative instruction program with a certified copy of the child's birth certifica...
13-27-3. Child excused if provided alternative instruction--Application--Investigation-- Revocation--Restrictions--Testing.
A child shall be excused from school attendance, pursuant to § 13-27-2, because the child is otherwise provided with alternative instruction for an equivalent period of time, as in the public schools, in the basic skills of language arts and mathematics. The parent or guardian of the child shall identify in the application the place where the child will be instructed and any individual who will instruct the child. The individuals are not required to be certified. The secretary of the Department ...
Department of Education Responsibilities
An interpretation of the homeschooling laws by the South Dakota Department of Education.
13-27-1. Responsibility of person controlling child--Ages of compulsory attendance--Entire school term--Waiver.
Responsibility of person controlling child for school attendance--General education development test preparation program--Kindergarten--Transfer from another state. Any person having control of a child, who is not younger than five or older than six years old by the first day of September, or any child who, by the first day of September, is at least six years old, but who has not exceeded the age of eighteen, shall cause the child to regularly attend some public or nonpublic school for the entir...
13-27-2. Child excused from school.
Upon filing of an application with a school official from the parent or guardian of the child for the reasons set forth in § 13-27-3, the child shall be excused, without the necessity of school board action, subject to revocation thereafter as provided in this chapter. School boards of all school districts may excuse a child from public school attendance for the reasons set forth in §§ 13-27-6 and 13-27-6.1.
School District Responsibilities
An interpretation of the homeschooling laws by the South Dakota Department of Education.
South Dakota Home School Laws from HSLDA
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in South Dakota. Includes a link to a legal analysis of laws relating to homeschooling in South Dakota.
13-27-9. Record of certificates of excuse from attendance--Copies to secretary and place of instruction.
A permanent record of all certificates of excuse shall be kept in some safe place as determined by the school board. Any certificate of excuse of a pupil receiving alternative instruction pursuant to § 13-27-3 shall be kept confidential after approval of the school board pursuant to § 13- 27-2. Copies of any certificate of excuse shall be forwarded to the secretary of the Department of Education. Copies of any certificates of excuse shall also be forwarded to the place where the child is instruc...
Application for Public School Exemption Certificate SDCL
This form is provided by the South Dakota Department of Education. Parents/guardians who currently provide alternative instruction pursuant to SDCL 13-27-3 are required to file an Application for Public School Exemption Certificate annually. Beginning with the 2005-2006 school year, the exemption applications will no longer be mailed out to parents/guardians. Therefore, the application must be obtained here, from the local school district, or directly from the Department of Education. The comple...
13-27-3.4. Certified copy of birth certificate to be provided to certain persons at no cost.
Notwithstanding § 34-25-52, the department of health or the local registrar of vital records shall provide a certified copy of any child's birth certificate at no cost if the person requesting the certificate pursuant to § 13-27-3.1 is eligible to receive temporary assistance for needy families under chapter 28-7, food stamps under chapter 28-12, or county poor relief under chapter 28-13. Source: SL 1988, ch 142, § 4.
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