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J. Michael Smith, Esq.

Michael P. Farris, Esq.

Public School Access for Homeschoolers—A Legal Summary


A homeschool student can participate in public school sports subject to the approval of the school board. South Dakota Codified Laws §13-36-7.

A homeschool student also has a right to partial enrollment in public school. Id. §13-28-51, as confirmed by an opinion of the South Dakota Attorney General. If the student’s enrollment in public school is equal to or greater than 50%, the student is required to take the same tests as public school students as prescribed in SDCL 13-3-55.

A homeschool student can obtain a loan of textbooks from the public school. South Dakota Codified Laws §13-34-23.

For more information on public school access, see HSLDA’s Issues Library and HSLDA’s State Laws Concerning Participation of Homeschool Students in Public School Activities.

Updated July 14, 2017