Changes to Existing Law

Notification of alternative instruction. 13-27-7. Each notification of alternative instruction pursuant to § 13-27-3 shall be on a standard form that declares must declare that the child will be provided with alternative instruction per § 13-27-3. The completed form notification 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 information: (1) The full legal name, birthdate, and resident school district of the child; (2) The school district to which the child has open enrolled, if applicable; (3) The signature of the child's parent, guardian, or other custodian; and (4) Information required for the return of the form. The The notification must be on a form prescribed by the Department of Education Education. The form prescribed by the department may not require more information than what is set forth in this section. The department or the local district shall provide the parent, guardian, or other person having control custodian of the child with a signed or stamped copy of the notification as proof of notification. The department or district shall keep 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 31 Department of Education or the local district within thirty days of the transition. Source: SDC 1939, § 15.3202; SL 1955, ch 41, ch 15, § 2; SL 1971, ch 116, § 3; SL 1981, ch 141, § 3; SL 1983, ch 131, § 1; SL 1991, ch 20, §§ 17, 18; SL 1992, ch 128, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 98, § 1; SL 2017, ch 78, § 3; SL 2021, ch 76, § 6. 32

Academic achievement tests. 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 to eight, inclusive, and in grade eleven. The assessment shall measure the academic progress of each student. Every public school district shall annually administer to all students in at least two grade levels an achievement test to assess writing skills. The assessment instruments shall be provided by the Department of Education, and the department shall determine the two grade levels to be tested. The tests shall be administered within timelines established by the Department of Education by rules promulgated pursuant to chapter 1-26 starting in the spring of the 2002-2003 school year. Each state-designed test shall be correlated with the state's content standards. The secretary of the Department of Education shall annually designate at least two of these grade levels to take the writing skills achievement assessment provided by the department. The assessments must measure the academic progress of each student and must correspond to the state's content standards promulgated pursuant to § 13-3-48. A student must take any academic achievement assessment administered by a school district if the student: (1) Is enrolled in the school district; (2) Is at least partially enrolled in the school district pursuant to § 13-28-41; or (3) Receives alternative instruction pursuant to § 13-27-3 and resides in the school district. For purposes of this section, a student is partially enrolled in a school district if the student is enrolled in a number of courses through the school district, the time for which, when averaged over the whole school year, equals at least fifty percent of the number of hours in the school term, as established by the board of the school district pursuant to § 13-26-1. The South Dakota Board of Education Standards may shall promulgate rules rules, pursuant to chapter 1-26 1-26, to provide for administration of all assessments. the assessments and establish the timeline for the administration of the assessments each year. 6