South DakotaSchool boards may assign some students to alternative instruction
School boards may assign students whose aggressive or violent behavior disrupts school or threatens school health or safety to alternative instruction.
What it does
School boards may assign students with aggressive or violent behavior to alternative instruction when the behavior disrupts school or affects school health or safety. Disability-rights protections still apply.
Each school board must report its alternative-instruction assignments to the Department of Education each year. Any public disclosure must use anonymous, statewide combined data.
Argument forAlternative instruction could help schools respond to serious behavior while protecting other students and staff from disruptions or safety risks.
Argument againstSeparate instruction could make it harder for assigned students to stay connected to regular classes, even though disability-rights protections remain in place.
More detail
A school board may assign a student to receive instruction in an alternative setting. The permission covers students whose aggressive or violent behavior disrupts the school or affects a health or safety factor of the school or its program. The assignment may not limit enrollment options under section 13-28-40. The assignment may not conflict with the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act.
Each school board shall report students assigned to alternative instruction to the Department of Education. The report covers students assigned during the school year and must use the department's required form. The department may disclose the reported information only after it is anonymized and combined with data from all other school districts. The report is due on or before the second Friday of June each year and covers the preceding school year.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Signed by the Governor Larry Rhoden on 2026-03-30 H.J. 580Became Law
- Mar 10Delivered to the Governor on 2026-03-10 H.J. 546To Governor
- Mar 9Signed by the President S.J. 506Passed Senate
- Mar 5Signed by the Speaker H.J. 529Passed House
- Mar 4Senate Do Pass Amended , Passed, YEAS 33, NAYS 1 S.J. 461
- Vote recorded Do Pass Amended. Result: pass.Upper
- Mar 3Education Do Pass , Passed, YEAS 6, NAYS 1Minor
- Vote recorded Do Pass. Result: pass.Upper
- Mar 3Scheduled for hearing
- Feb 23First read in Senate and referred to Senate Education S.J. 356Minor
- Feb 20House of Representatives Do Pass Amended , Passed, YEAS 67, NAYS 0 H.J. 388
- Vote recorded Do Pass Amended. Result: pass.Lower
- Vote recorded Motion to amend. Result: pass.Lower
- Feb 20House of Representatives Motion to amend , Passed, YEAS 49, NAYS 18 H.J. 388 Amendment 1017HMajor
- Feb 18Education Do Pass Amended , Passed, YEAS 15, NAYS 0
- Vote recorded Do Pass Amended. Result: pass.Lower
- Feb 18Education Motion to amend , Passed, Amendment 1017CMajor
- Feb 18Scheduled for hearing
- Jan 16Education Deferred to another day , Passed, YEAS 15, NAYS 0
- Vote recorded Deferred to another day. Result: pass.Lower
- Jan 16Scheduled for hearing
- Jan 13First read in House and referred to House Education H.J. 12Introduced
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