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26.449.10 101st Legislative Session 1158
2026 South Dakota Legislature
House Bill 1158
Introduced by: Representative Goodwin
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise provisions pertaining to requirements for students receiving 1
alternative instruction. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 13-3-55 be AMENDED: 4
13-3-55. Every public A school district shall annually administer the same state-5
designated academic achievement assessment to all students each student in grades three 6
to eight, inclusive, and in grade eleven. The assessment shall measure the academic 7
progress of each student. Every public school district shall annually administer to all 8
students in at least two grade levels an achievement test to assess writing skills. The 9
assessment instruments shall be provided by the Department of Education, and the 10
department shall determine the two grade levels to be tested. The tests shall be 11
administered within timelines established by the Department of Education by rules 12
promulgated pursuant to chapter 1-26 starting in the spring of the 2002-2003 school year. 13
Each state-designed test shall be correlated with the state's content standards. 14
The secretary of the Department of Education shall annually designate at least two 15
of these grade levels to take the writing skills achievement assessment provided by the 16
department. The assessments must measure the academic progress of each student and 17
must correspond to the state's content standards promulgated pursuant to § 13-3-48. 18
A student must take any academic achievement assessment administered by a 19
school district if the student: 20
(1) Is enrolled in the school district; 21
(2) Is at least partially enrolled in the school district pursuant to § 13-28-41; or 22
(3) Receives alternative instruction pursuant to § 13-27-3 and resides in the school 23
district. 24
For purposes of this section, a student is partially enrolled in a school district if the 25
student is enrolled in a number of courses through the school district, the time for which, 26
26.449.10 2 1158
Underscores indicate new language.
Overstrikes indicate deleted language.
when averaged over the whole school year, equals at least fifty percent of the number of 1
hours in the school term, as established by the board of the school district pursuant to 2
§ 13-26-1. 3
The South Dakota Board of Education Standards may shall promulgate rules , 4
pursuant to chapter 1-26, to provide for administration of all the assessments and 5
establish the timeline for the administration of the assessments each year. 6
Section 2. That § 13-27-7 be AMENDED: 7
13-27-7. Each notification of alternative instruction pursuant to § 13-27-3 shall 8
be on a standard form that declares must declare that the child will be provided with 9
alternative instruction per § 13-27-3. The completed form notification must contain the 10
child's name, birthdate, resident district, and open enrolled district if applicable, signature 11
of the parent, guardian, or other person having control of the child and information : 12
(1) The full legal name, birthdate, and resident school district of the child; 13
(2) The school district to which the child has open enrolled, if applicable; 14
(3) The signature of the child's parent, guardian, or other custodian; and 15
(4) Information required for the return of the form. The 16
The notification must be on a form prescribed by the Department of Education. The 17
form prescribed by the department may not require more information than what is set 18
forth in this section. 19
The department or the local district shall provide the parent, guardian, or other 20
person having control custodian of the child with a signed or stamped copy of the 21
notification as proof of notification. The department or district shall keep the notification 22
shall be kept confidential. The form shall be provided by the secretary of the Department 23
of Education but may not require more details than set forth by this section. 24
The notification shall be filed within thirty days from the first time the child begins 25
an alternative instruction program while the child is of school age as defined in § 13-27-1 26
and is not required thereafter unless one or more of the following transitions occur: 27
(1) A child enrolls in a public or nonpublic school; or 28
(2) A child moves to a different school district. 29
The parent, guardian, or other person having control of the child shall provide 30
notification of any transitions by submitting the standard notification form to the 31
Department of Education or the local district within thirty days of the transition. 32
Section 3. That a NEW SECTION be added to chapter 13-27: 33
26.449.10 3 1158
Underscores indicate new language.
Overstrikes indicate deleted language.
The parent, legal guardian, or other custodian of a child being provided with 1
alternative instruct shall file a notification of alternative instruction, pursuant to § 13-27-2
7, by the following deadlines: 3
(1) Within thirty days of: 4
(a) The first time the child begins an alternative instruction program while the 5
child is of school age, as defined in § 13-27-1; 6
(b) Any change in the child's resident school district; 7
(c) The child being excused from compulsory school attendance, as provided in 8
this chapter; or 9
(d) The child being enrolled in a public or nonpublic school; and 10
(2) By September first of each school year the child is to be provided with alternative 11
instruction, until the child has graduated, fully enrolls in a public or nonpublic 12
school, or is otherwise excused from compulsory school attendance. 13
Section 4. That § 13-3-84 be REPEALED. 14
If a student is partially enrolled in a school district pursuant to § 13-28-41 or 13-15
28-51, and the student's enrollment is equal to or greater than fifty percent, that student 16
is required to take any academic achievement test administered by the school district 17
pursuant to § 13-3-55. If a student's partial enrollment in a school district is less than fifty 18
percent, the student is not required to take any academic achievement test administered 19
by the school district pursuant to § 13-3-55. 20