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South Dakota
Home Schooling - State Laws &
Regulations
Please Note This Important
Notice:
South Dakota
home schooling laws and regulations cannot be summarized in a short
informational page or overview. It is incumbent upon
you to perform due diligence in researching and
familiarizing yourself with your state's legal's and
regulations as they pertain to homeschooling. This
information is provided for you to give you a
starting point. This is not intended to be legal
advice and is distributed for basic informational
purposes only. For more information about the laws
and regulations in this state please contact a state
or local support group or your public library.
South Dakota state law regulates home schools
under the alternative instruction statutes, SDCL 13-27. Each home school
must apply for an exemption certificate from the school board in their
district for children ages six through sixteen.
Provisions include: not less than 175
instruction days per academic year, instruction in the basic skills of
mathematics and language arts which lead to a mastery of the English
language, nationally standardized achievement tests required for grades 2,
4, 8, 11, and no teacher certification required.
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
standardized 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.
