ENTITLED An Act to revise the provisions of parental choice regarding compulsory school attendance and matters ancillary thereto.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 13-27-1 be AMENDED.
13-27-1. Responsibility of person controlling child--High school equivalency test preparation program--Kindergarten--Transfer from another state.
Any person having control of a child, who is not younger than five or older than six years old by the first day of September, or any child who, by the first day of September, is at least six years old, but who has not exceeded the age of eighteen, shall cause the child to regularly attend school, either public, nonpublic, or alternative instruction as set forth in 13-27-3, until the child reaches the age of eighteen years, unless the child has graduated or is excused as provided in this chapter. However, the requirements of this section are met if a child who is at least sixteen years of age enrolls in a high school equivalency test preparation program and the child successfully completes the test or reaches the age of eighteen years.
A child is eligible to enroll in a school-based or school-contracted high school equivalency test preparation program or take the high school equivalency test if the child is sixteen or seventeen years of age, and the child presents written permission from the child's parent or guardian and one of the following:
(1) Verification from a school administrator that the child will not graduate with the child's cohort class because of credit deficiency;
(2) Authorization from a court services officer;
(3) A court order requiring the child to enter the program;
(4) Verification that the child is under the direction of the Department of Corrections; or
(5) Verification that the child is enrolled in Job Corps as authorized by Title I-C of the Workforce Investment Act of 1998, as amended to January 1, 2009.
Any child who is sixteen or seventeen years of age and who completes the high school equivalency test preparation program may take a high school equivalency test immediately following release from the school program or when ordered to take the test by a court. Any such child who fails to successfully complete the test shall re-enroll in the school district and may continue the high school equivalency preparation program or other suitable program as determined by the school district.
All children shall attend kindergarten prior to age seven. Any child who transfers from another state may proceed in a continuous educational program without interruption if the child has not previously attended kindergarten.
Section 2. That 13-27-2 be AMENDED.
13-27-2. Child excused from school.
A school board of any school district may excuse a child from public school attendance for the reasons set forth in 13-27-6 and 13-27-6.1.
Section 3. That 13-27-3 be AMENDED.
13-27-3. Child excused if provided alternative instruction--Notification--Conditions.
Upon a filing of a notification with either the Department of Education or the local district from the parent, or guardian, or other person having control of a child, the Department of Education or the local district has been notified that the child is being provided with alternative instruction in the basic skills of language arts and mathematics. The person providing instruction is not required to be certified.
No person may instruct more than twenty-two children. All instructions shall be given so as to lead to a mastery of the English language.
Section 4. That 13-27-3.1 be AMENDED.
13-27-3.1. Birth certificate or affidavit to be submitted--Violation as misdemeanor.
Any person who is required pursuant to 13-27-1 to cause any child to attend any public or nonpublic school in this state shall, either at the time of enrollment in any school in this state or within thirty days of initial enrollment, provide the public or nonpublic school with a certified copy of the child's birth certificate or affidavit in lieu of birth certificate as issued by the Department of Health in such cases where the original birth certificate is deemed unattainable. A violation of this section is a Class 2 misdemeanor.
Section 5. That 13-27-3.2 be AMENDED.
13-27-3.2. Maintenance of birth certificate by school as permanent record.
Any copy of any certified birth certificate provided pursuant to 13-27-3.1 shall be maintained by the public or nonpublic school and shall be a part of the child's permanent cumulative school record.
Section 6. That 13-27-7 be AMENDED.
13-27-7. Notification of alternative instruction.
Each notification of alternative instruction pursuant to 13-27-3 shall be on a standard form that declares that the child will be provided with alternative instruction per 13-27-3. The completed form must contain the child's name, birthdate, resident district, and open enrolled district if applicable, signature of the parent, guardian, or other person having control of the child and information for the return of the form. The Department of Education or the local district shall provide the parent, guardian, or other person having control of the child with a signed or stamped copy of the notification as proof of notification. The notification shall be kept confidential. The form shall be provided by the secretary of the Department of Education but may not require more details than set forth by this section.
The notification shall be filed within thirty days from the first time the child begins an alternative instruction program while the child is of school age as defined in 13-27-1 and is not required thereafter unless one or more of the following transitions occur:
(1) A child enrolls in a public or nonpublic school; or
(2) A child moves to a different school district.
The parent, guardian, or other person having control of the child shall provide notification of any transitions by submitting the standard notification form to the Department of Education or the local district within thirty days of the transition.
Section 7. That 13-27-8 be AMENDED.
13-27-8. Appeal on attendance matters to state board --Finality of decision.
Any parent or guardian of a student denied a certificate pursuant to 13-27-6 and 13-27-6.1 who is dissatisfied with the decision of the school board may appeal the matter to the South Dakota Board of Education Standards who shall conduct a hearing pursuant to chapter 1-26. The state board's decision shall be final as to the secretary's right of appeal.
Section 8. That 13-27-9 be AMENDED.
13-27-9. Record of certificates of excuse--Copies to secretary and place of instruction.
A permanent record of all certificates of excuse, pursuant to 13-27-6 and 13-27-6.1, shall be kept in some safe place as determined by the school board.
Copies of any certificate of excuse shall be forwarded to the secretary of the Department of Education. Copies of any certificates of excuse shall also be forwarded to the place where the child is instructed. The copies shall be forwarded within thirty days of issuance.
Section 9. That 13-27-11 be AMENDED.
13-27-11. Failure to send child to school as misdemeanor.
Any person having control of a child of compulsory school age who fails to have the child attend school, as required by the provisions of this title, or provide alternative instruction pursuant to 13-27-3, is guilty of a Class 2 misdemeanor for the first offense. For each subsequent offense, a violator of this section is guilty of a Class 1 misdemeanor.
Section 10. That 13-27-15 be AMENDED.
13-27-15. Attendance records maintained by superintendent or president of board--Reports required.
Each superintendent, or the president of the school board in districts without a superintendent, is responsible for maintaining an accurate record of the attendance of all persons of compulsory school age who are enrolled in an accredited school under his or her supervision. The superintendent or president shall, at regular intervals, report the names of all enrolled persons who are of compulsory school age, not excused from school, who do not or who irregularly attend an accredited school to the truancy officer. The superintendent or president shall include reasons for the absences in the report.
Section 11. That 13-27-16 be AMENDED.
13-27-16. Warnings by school boards to send children to school--Report to truancy officer.
Each school board shall warn noncompliant parents or persons in control of children of compulsory school age that the children must enter school and attend regularly, or enroll in a high school equivalency test preparation program in accordance with 13-27-1, or comply with 13-27-3, and shall report the parents or persons in control of the children to the truancy officer for the district if the warning is not heeded. All school board members, superintendents, and teachers shall cooperate in the enforcement of the school attendance laws.
Section 12. That 13-27-18 be AMENDED.
13-27-18. Neglect of duty by superintendent, president of board, school board, or truancy officer--Harboring or employment of truant child--Hindering attendance by child--Misdemeanor.
Any superintendent or school board president who fails to make prompt reports on attendance as required by law; any person who harbors or employs a child of compulsory school age who is not legally excused during the school term or being provided alternative instruction pursuant to 13-27-3; the members of any school board who neglect or refuse to provide school facilities for children enrolled in their school district for at least nine months during the school year, or neglect to perform any other duties enumerated under the compulsory school attendance laws of this state; any truancy officer who neglects to perform the duties of his or her office; or any person who hampers or hinders a child of compulsory school age from attending a school in which the child is enrolled that meets all legal requirements, or who interferes or attempts to interfere with the child's attendance at the school in which the child is enrolled is guilty of a Class 2 misdemeanor.
Section 13. That 13-27-19 be AMENDED.
13-27-19. Truancy officers--Power--Authority to apprehend--Supervisory control by secretary.
Each truancy officer has the powers of a deputy sheriff in the exercise of the officer's duties, and shall apprehend without warrant children of compulsory school age who absent themselves from the place where the children are enrolled and required to attend without an excuse, and place the children in the custody of the person having charge of the place where the children are enrolled and by law required to attend. In the administration of the officer's duties, each truancy officer is subject to the general supervisory control of the secretary of the Department of Education.
Section 14. That 13-27-20 be AMENDED.
13-27-20. Complaints against persons responsible for truancy--Contents of complaint--Verification--Dismissal.
Each truancy officer shall make and file truancy complaints, and any teacher, school officer, or any citizen may make and file a truancy complaint, before a circuit court judge, against any person having control of a child of compulsory school age who is not being provided with alternative instruction or attending school or whose attendance at school is irregular. The complaint shall state the name of the parent, guardian, or person responsible for the control of the child. The complaint shall be v