Office of Finance & Management

Open Enrollment

• South Dakota Open Enrollment Guide for Families
• Open Enrollment Form

The 1997 South Dakota Legislature established an "enrollment options" program, commonly referred to as open enrollment.  The law, which can be found at SDCL 13-28-40 through 13-28-47, requires the Department of Education to provide application forms for open enrollment to local schools.

Handling the "Open Enrollment" Procedure in School Business Offices

By Nov. 1, 1997, all public school boards in South Dakota will have enacted specific, written policies to establish capacity standards for programs, classes, grade level and school buildings in their districts and/or set student-teacher ratios. The policies will have received official board action and must be available to the public upon request. School boards may modify these standards as circumstances change; however, only capacity standards may be used to determine a student's eligibility for open enrollment.

A three-part application form for open enrollment is available to the public at school business offices.

The completed application form must be submitted by the parent/guardian to the non-resident (admitting) district.

Upon receipt, the school staff should record the date and time that each application is received on Section IV of the form; the person who opens or records incoming mail should also sign or initial the form in the box provided. (The date and time of receipt is important since state law requires applications to be considered in the order received.)

If an application for transfer of a student in special education is received, the nonresident (or receiving) district must follow these steps:

• Upon receipt of an open enrollment application, obtains copies of all relevant student education records on the student applying to open enroll from the resident district;
• Completes a review of those relevant student education records; and
• Directly communicates with the student's parent or guardian and representatives of the resident district regarding the student's special education or special education and related services needs.

If the nonresident district confirms, based upon the records review and communications with the student's parent or guardian and representatives of the nonresident district, that it can provide an appropriate instructional program and facilities, including transportation, if necessary, to meet the needs of the student, it may proceed with the open enrollment process (see § 13-28-43).

If the nonresident district is not able to make confirmation of an appropriate instructional program and facilities to meet the needs of the student, the nonresident district shall initiate an individual education program team meeting consisting of representatives from both the resident and nonresident districts to determine whether the nonresident district can provide an appropriate instructional program, facilities, and transportation, if necessary. After the determination is made, the nonresident district should proceed accordingly with regards to accepting or declining the student for open enrollment.

The school board of the non-resident district must act on the applications of students who want to transfer. (No action is required by the resident district from where the student plans to transfer; however, a copy of the application will be provided to the home district for informational and planning purposes.)

Once action is taken on the application, the school board president or designated school official must complete Section V of the form indicating the request has been APPROVED or DISAPPROVED. If disapproved, the reason(s) must be stated on the blank line at the bottom of Section V. The form must be signed and dated.

Within five days after school board action on the application (either to approve or disapprove), the non-resident district will retain the white copy of the signed form and transmit other signed copies of the form as follows:

• Pink copy to parent/guardian
• Yellow copy to resident district