An Act to prohibit a school board from denying an application for open enrollment from certain students with autism.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 13-28-44 be AMENDED:
13-28-44. Standards for acceptance or rejection of application to enroll.
Each school district by November 1, 1997, shall by resolution adopt relevant standards for the acceptance and rejection of an application to enroll in the district under the provisions of 13-28-40 to 13-28-47, inclusive. The board shall adopt standards through official board action, set them forth in writing, and make them available to any individual upon receiving an oral or written request. Standards shall be limited to the capacity of a program, class, grade level, and school building operated by the board and the pupil/teacher ratio. Discrimination based on race, gender, religious affiliation, or disability is prohibited.
If two or more children from a family residing in the same household must enroll in different school districts as the result of a board's denial of an application to transfer from a resident district or to enroll in a nonresident district under the provisions of 13-28-40 to 13-28-47, inclusive, neither the resident board nor the nonresident board may deny the application. However, two or more children from a family residing in the same household who are eligible for kindergarten through twelfth grade may open enroll only if, pursuant to 13-28-42.1, the nonresident district can provide an appropriate instructional program and facilities, including transportation, for the child in need of special education or special education and related services. If the nonresident district cannot meet the provisions of 13-28-42.1 for the child in need of special education or special education and related services, the nonresident district may deny that child's application for open enrollment.
No school board may deny the application of any nonresident student who:
(1) In the preceding school year, was enrolled in the school district;
(2) In the preceding school year, was determined to have a level four disability or a level five disability with at least one disability being a level four disability; and
(3) Does not require an assignment to an out of district special education residential or tuition day program.
The decision of a local school board regarding a student's application for open enrollment or a request to return to the resident district under the provisions of 13-28-40 to 13-28-47, inclusive, is subject to de novo appeal under the provisions of chapter 13-46. The Department of Education may promulgate rules pursuant to chapter 1-26 specifying procedural and administrative requirements for the implementation of the open enrollment program and related transfers and enrollments under the provisions of 13-28-40 to 13-28-47, inclusive.