South Dakota Homeschool Requirements

SDCL § 13-27-3 states: '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 application is filed pursuant to SDCL § 13-27-2 to excuse the child from compulsory school attendance. The Secretary of the Department of Education may investigate and determine whether instruction is being provided. If instruction is not being provided, the school board may revoke the excuse after 30 days' notice. The Secretary may inspect records of an alternative education program with 14 days' written notice if probable cause exists that the program is not complying; records to be inspected are limited to attendance and evidence of academic progress.

SDCL § 13-27-3 provides that 'a child shall be excused from school attendance … 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.' All instruction must be 'given so as to lead to a mastery of the English language.' HSLDA notes that state-mandated subjects are required, and the DOE and HSLDA describe these as core academic areas. No individual may instruct more than 22 children simultaneously, which applies to group home instruction settings.

SDCL § 13-27-3 requires instruction 'for an equivalent period of time, as in the public schools.' South Dakota public schools are required to provide a minimum number of instructional hours and days under SDCL § 13-26-1. The home education program must approximate this schedule, but no specific daily hour minimum is separately mandated in § 13-27-3. The Department of Education may investigate compliance with the time equivalency requirement.

SDCL § 13-27-3 states: 'Children receiving alternative instruction who are in grades two, four, eight, and eleven shall take a nationally standardized achievement test of the basic skills. The test may be the test provided by the state 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.' Note: HSLDA's overview page summary states 'Assessment requirements: No,' which may reflect a more recent amendment to state law. The 2012 codified text above reflects the testing requirement; families should verify current law with SDCL.

SDCL § 13-27-3 provides that the Secretary of the Department of Education '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.' The statute does not mandate submission of records to the district on a routine schedule; record inspection is triggered only by probable cause. No specific record format or portfolio requirement is imposed.

SDCL § 13-27-3 provides that the parent or guardian must identify in the application 'any individual who will instruct the child. The individuals are not required to be certified.' There is no minimum educational degree requirement for the teaching parent. HSLDA confirms: 'Teacher Qualifications: No.' The only restriction is that no individual may instruct more than 22 children simultaneously.

SDCL § 13-27-3 does not list immunization as a requirement for the alternative instruction excuse. HSLDA's state overview confirms 'Immunization requirements: No' for South Dakota homeschoolers. South Dakota's school immunization law (SDCL § 13-28-7.1) applies to students attending schools; home-educated students are not attending a public school and thus are not covered by that mandate. Families who enroll or re-enroll in public school would be subject to immunization requirements at that time.

SDCL § 13-27-3 does not address special education access. Under the federal IDEA, local educational agencies have Child Find obligations to identify children with disabilities regardless of schooling setting, including home-educated children. South Dakota follows federal Child Find requirements. A homeschooled student with disabilities identified through Child Find may be offered services by the district, but parents retain the right to decline and continue home education. Contact the local school district's special education office for specific procedures.

SDCL § 13-27-3 requires the parent to file an application identifying the place of instruction and the instructor(s). Under SDCL § 13-27-2, the school board grants the excuse from compulsory attendance. If instruction is not being provided, the school board may revoke the excuse after 30 days' notice. HSLDA provides a state-specific withdrawal form for members. Upon return to public school, students may be assessed for appropriate grade placement by the district.

SDCL Chapter 13-27 governs compulsory school attendance. HSLDA's state overview lists compulsory school age as 6–18 for South Dakota. The application under § 13-27-3 must be filed for each child within this age range who is being home educated. Children who have graduated or reached age 18 are no longer subject to the compulsory attendance law. An HSLDA historical note mentions that the compulsory age was previously age 7 but was changed; the current minimum is age 6.

SDCL § 13-27-3 and related statutes do not establish an official home school diploma. Parents or home school associations issue their own diplomas or transcripts. Students seeking a state-recognized credential may take the GED or HiSET examinations through the South Dakota Department of Labor and Regulation. Individual colleges and universities set their own admissions policies for home-educated applicants, which may include ACT/SAT scores, portfolios, or transcripts.

There is no South Dakota statute equivalent to other states' equal access laws that expressly grants homeschooled students the right to participate in public school extracurricular or sports programs. HSLDA notes that 'Public School Access for Homeschoolers in South Dakota' is addressed in its state resources, and an Attorney General opinion agreed with HSLDA on the right to take public school classes. Individual districts and the SDHSAA set eligibility policies. Families should contact their local school district to determine whether participation is available on a space-available or other basis.