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J. Michael Smith, Esq.
President

Michael P. Farris, Esq.
Chairman

Public School Access for Homeschoolers—A Legal Summary

SOUTH DAKOTA

A homeschool student can participate in public school sports if the school board approves. SDCL §13-36-7. A homeschool student has a right to partial enrollment in public school. SDCL §13-28-51.

South Dakota Codified Laws 7sect; 13-36-7

13-36-7. Participation in interscholastic activities—Accreditation—Eligibility

Any student enrolling in a South Dakota district pursuant to § 13-15-21 is eligible to participate in any interscholastic activity sponsored by the South Dakota High School Activities Association. If the school board or governing body of an accredited school approves, a student receiving alternative instruction pursuant to § 13-27-3 is eligible to participate in any interscholastic activity sponsored by the South Dakota High School Activities Association. Nothing in this section confers any vested right in any student wishing to participate in any interscholastic activity to be selected for competition in such activity. However, any accredited school student who leaves an accredited program during the course of the school year for any reason and enters an alternative instruction program is ineligible for participation in interscholastic activities for one year beginning on the date in which the student enters the alternative program.

South Dakota Codified Laws § 13-28-51

13-28-51. Enrollment of child on partial basis upon request of parent or guardian—Alternative instruction

The resident school district of a child excused from school attendance pursuant to § 13-27-2 shall admit that child to a public school in the district upon request from the child’s parent or legal guardian. A child enrolled in a school district pursuant to this section may be enrolled in a school of the school district on only a partial basis and shall continue to also receive alternative instruction pursuant to § 13-27-3.