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Homeschooling a Child with an IEP in South Dakota

What happens to your child's special education services when you homeschool in South Dakota, and how to reach the services that remain available.

What happens to your child's services

You can refer your child to the district for a special education evaluation. To receive special education services, your child enrolls in the district at least part time; your resident district must admit your child on a partial basis on request (SDCL 13-28-51; SD DOE Alternative Instruction FAQ 5.1).

Primary source: SDCL 13-28-51; SD DOE Alternative Instruction FAQ 5.1; 34 CFR 300.111

How to access services while homeschooling

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Dual enrollment

Under SDCL 13-28-51 your resident district must admit your child on a partial basis on request. The Department of Education says special education services require enrollment in the district at least part time (FAQ 5.1).

How to request: Request in writing that your resident district admit your child on a partial basis; the district shall admit your child on request (SDCL 13-28-51).

SDCL 13-28-51

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Child Find

Federal Child Find covers all children with disabilities residing in the state, including alternative instruction students (34 CFR 300.111). After a referral, the district must evaluate your child or document why an evaluation is not necessary (SD DOE Alternative Instruction FAQ 5.1).

How to request: Refer your child to your resident district for an evaluation in writing (SD DOE Alternative Instruction FAQ 5.1).

34 CFR 300.111; SD DOE Alternative Instruction FAQ 5.1

Before you withdraw

  1. 1

    Request complete copies of all IEP documents, evaluations, and progress reports before you withdraw.

  2. 2

    Consider requesting an IEP meeting to discuss the transition. This is optional.

  3. 3

    File your homeschool notice as your state requires. Our wizard prepares it for you.

  4. 4

    Arrange any private therapies or services your child needs before withdrawal takes effect.

Keep copies of all IEP documents, evaluations, and progress reports. You'll need them if you re-enroll.

Special education help

COPAA

copaa.org · Find a special education attorney near you

Wrightslaw

wrightslaw.com · Special education law encyclopedia

Common questions

What happens to my child's IEP when I start homeschooling in South Dakota?
You can refer your child to the district for a special education evaluation. To receive special education services, your child enrolls in the district at least part time; your resident district must admit your child on a partial basis on request (SDCL 13-28-51; SD DOE Alternative Instruction FAQ 5.1).
Can my child still get special education help from the school if we homeschool in South Dakota?
Dual enrollment: Under SDCL 13-28-51 your resident district must admit your child on a partial basis on request. The Department of Education says special education services require enrollment in the district at least part time (FAQ 5.1). Child Find: Federal Child Find covers all children with disabilities residing in the state, including alternative instruction students (34 CFR 300.111). After a referral, the district must evaluate your child or document why an evaluation is not necessary (SD DOE Alternative Instruction FAQ 5.1).

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Requirements sourced from SDCL Chapter 13-27 (Alternative Instruction, as amended by 2021 SB 177). Last reviewed October 2026