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State Laws and Regulations - South Dakota
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Welcome to homeschooling in South Dakota! We encourage you to discuss the laws and regulations regarding home education with other homeschoolers who live in your state, and especially with those who are knowledgeable about the homeschooling climate in your local community.
Homeschooling laws and regulations vary from state to state; there is no federal authority for all laws and regulations which can affect homeschooling.
Each parent who chooses to homeschool their children in South Dakota takes on a responsibility to familiarize themselves with the specific laws and regulations which affect homeschooling families in their state.
There are many good resources for help, beginning with the homeschool support groups, organizations, listservs, websites and helpful individuals. To find out more visit the Support Groups section of this web site.
Please Note: This is not intended to be legal advice and is distributed for informational purposes only. For more information about the laws and regulations in this state please contact a state or local support group.
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South Dakota Legislature
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 of Education and Cultural Affairs may investigate and determine whether the instruction is being provided. Failure to provide instruction is grounds for the school board, upon thirty days notice, to revoke the excuse from school attendance. The secretary of the Department of Education and Cultural Affairs may inspect the records of an alternative education program with fourteen days written notice if the secretary has probable cause to believe the program is not in compliance with this section. The records to be inspected are limited to attendance and evidence showing academic progress.
No individual may instruct more than twenty-two children. All instructions shall be given so as to lead to a mastery of the English language.
Children receiving alternative instruction who are in grades tested under the South Dakota testing program shall take a nationally standardized achievement test of the basic skills. The test may be the test provided by the South Dakota and used in the public school district where the child is instructed or another nationally standarized achievement test chosen by and provided at the expense of the child's parent, guardian, or school giving alternative instruction. The test may be monitored by the local school district where the child is instructed.
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