What is a school district’s responsibility in reviewing an open enrollment request?

A school district must grant a request for a transfer into the district or within the district unless the transfer would result in an inability to provide a quality educational program based on criteria established by the district under S.D.C.L. § 13-28-44. 

Also, a school district must grant a request to admit into the district a student who is a resident of another school district and who is excused from attending school in the resident district under S.D.C.L. § 13-27-2, unless admitting the nonresident child would result in an inability to provide a quality educational program based on criteria established by the district under S.D.C.L. § 13-28-44.   

About Swier School Law Counsel™​

Swier School Law Counsel™ is a boutique education law department within Swier Law Firm.

We recognize the needs of South Dakota's school officials to obtain first-rate legal advice on a broad range of issues. Our attorneys provide creative, timely, and cost-efficient legal strategies that balance the needs of students, parents, employees, and citizens with the interests of keeping a school district on solid legal footing.

Swier School Law Counsel™ and its attorneys author The South Dakota School Law Deskbook™ and South Dakota School Law Notes™. The Group's attorneys also have years of experience teaching the popular "Education and the Law" class at the University of South Dakota School of Law. 

Swier Law Firm has served as legal counsel for school districts throughout the state and for the School Administrators of South Dakota and its membership. SASD is an educational association comprised of over 800 school administrators (Superintendents, Business Managers, Principals, Special Education Directors, and Curriculum Directors) throughout South Dakota.