amend provisions pertaining to the administration of an academic achievement assessment to students in grade eleven.

26.609.11 101st Legislative Session 167

2026 South Dakota Legislature
Senate Bill 167

Introduced by: Senator Nelson

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to amend provisions pertaining to the administration of an academic 1
achievement assessment to students in grade eleven. 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 Each school district shall annually administer the same 5
academic achievement assessment to all students in grades three to eight, inclusive, and 6
in grade eleven. The assessment shall measure the academic progress of each student. 7
Every public school district shall annually administer to all students in at least two grade 8
levels an achievement test to assess writing skills. The assessment instruments shall be 9
provided by the Department of Education, and the department shall determine the two 10
grade levels to be tested. The tests shall be administered within timelines established by 11
the Department of Education by rules promulgated pursuant to chapter 1-26 starting in 12
the spring of the 2002-2003 school year. Each state-designed test shall be correlated with 13
the state's content standards. The assessments must measure the academic progress of 14
each student and must correspond to the state's content standards promulgated pursuant 15
to § 13-3-48. 16
The secretary of the Department of Education shall annually designate at least two 17
of these grade levels to take the writing skills achievement assessment provided by the 18
department. 19
A student must take any assessment administered by a school district if the student 20
is at least partially enrolled in the school district pursuant to § 13-28-51. For purposes of 21
this section, a student is partially enrolled in a school district if the student is enrolled in 22
a number of courses through the school district, the time for which, when averaged over 23
the whole school year, equals at least fifty percent of the number of hours in the school 24
term, as established by the board of the school district, pursuant to § 13-26-1. 25
26.609.11 2 167
Underscores indicate new language.
Overstrikes indicate deleted language.
The South Dakota Board of Education Standards may shall promulgate rules 1
pursuant to chapter 1-26, to provide for administration of all the assessments and 2
establish the timeline for the administration of the assessments each year. 3
Section 2. That a NEW SECTION be added to chapter 13-3: 4
Each school district shall administer an academic achievement assessment to each 5
student in grade eleven. 6
On or before May first of each year, the South Dakota Board of Education Standards 7
shall review and approve a list of academic achievement assessments for students enrolled 8
in grade eleven. The assessments approved by the board must: 9
(1) Measure the academic progress of each student; 10
(2) Correspond to the state's content standards; and 11
(3) Allow for the variety of prospective academic or career pathways that a student 12
may follow upon high school graduation. 13
The Department of Education shall provide to each school district the list of 14
approved assessments. 15
Each student in grade eleven shall, in consultation with the school's guidance 16
counselor or other administrator, select the assessment that the student is to take to meet 17
the requirements of this section, from the list of approved courses provided by the 18
Department of Education. 19
The South Dakota Board of Education Standards shall promulgate rules, pursuant 20
to chapter 1-26, to establish the criteria by which the board determines whether an 21
assessment measures the academic progress of each student and corresponds to the 22
state's content standards, to establish the timeline for the administration of the 23
assessments each year, and to provide for the administration of the assessments. 24
Section 3. That § 13-3-84 be REPEALED. 25
If a student is partially enrolled in a school district pursuant to § 13-28-41 or 13-26
28-51, and the student's enrollment is equal to or greater than fifty percent, that student 27
is required to take any academic achievement test administered by the school district 28
pursuant to § 13-3-55. If a student's partial enrollment in a school district is less than fifty 29
percent, the student is not required to take any academic achievement test administered 30
by the school district pursuant to § 13-3-55. 31