The engrossed version substantially expands the bill by adding detailed definitions of key terms (alternative setting, aggressive/violent behavior, and disrupt), establishing procedural safeguards including parental notification, appeal rights to the state education department, mandatory behavioral health referrals for longer assignments, periodic review requirements, and annual reporting to the Department of Education—effectively transforming a simple authorization into a comprehensive regulatory framework with protections and oversight mechanisms.
26.368.17 26.368.18 101st Legislative Session 1017 2026 South Dakota Legislature House Bill 1017 HOUSE EDUCATION ENGROSSED Introduced by: The Chair of the Committee on Education at the request of the Department of Education Underscores indicate new language. Overstrikes indicate deleted language. An Act to permit the board of a school district to require that certain students 1 receive instruction in alternative settings. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 13-32: 13-28: 4 A Terms used in sections 2 to 4, inclusive, of this Act, mean: 5 (1) "Alternative setting," a physical location other than the student's regular classroom 6 or educational setting, as designated by a school administrator, where a student is 7 provided educational instruction; 8 (2) "Aggressive or violent behavior," behavior by which a student causes, attempts to 9 cause, or threatens to cause: 10 (a) Injury to the student's own self or another individual; or 11 (b) Damage to property; and 12 (3) "Disrupt," behavior by which a student causes interruption to the educational 13 instruction of others to the extent that a district employee reasonably believes that 14 there is no other option but to remove the student or other students from the 15 classroom or educational setting. 16 Section 2. That a NEW SECTION be added to chapter 13-28: 17 The board of a school district may assign a student to receive instruction in an 18 alternative setting 5 for setting, if the student's aggressive or violent behaviors that disrupt behavior disrupts the classroom 19 or affects the health or safety of others in the school or the functioning of the school. 20 Upon assignment, the board shall: 21 (1) Provide for notification of the assignment, in writing, to the student's parent or 22 guardian; and 23 (2) Ensure that affects the student's parent or guardian is provided with a health list of resources 24 and training opportunities applicable to the student's needs. 25 26.368.18 2 1017 Underscores indicate new language. Overstrikes indicate deleted language. The parent or safety 6 factor guardian of a student assigned to receive instruction in an alternative 1 setting may appeal the decision to the secretary of the Department of Education within 2 thirty days from the date of the decision. 3 The board may delegate the authority to assign a student to receive instruction in 4 an alternative setting, pursuant to this section, to the superintendent of the school district, 5 or its program. a school's principal. 6 Nothing herein in this section may be construed to limit enrollment 7 options provided in 7 § 13-28-40 or conflict with provisions of the Individuals with Disabilities 8 Education Act, 20 8 U.S.C. § 1400, et seq., §§ 1400 to 1482, inclusive (January 1, 2026), or Section 504 of the Rehabilitation 9 Act of 1973, 9 29 U.S.C. § 794. 794 (January 1, 2026). 10 Section 3. That a NEW SECTION be added to chapter 13-28: 11 If a student is assigned to receive instruction in an alternative setting, pursuant to 12 section 2 of this Act, the student must be referred to a behavioral health specialist if: 13 (1) The alternative setting is outside of the student's regular attendance center; and 14 (2) The assignment to an alternative setting exceeds five days. 15 The behavioral health specialist may recommend additional steps or interventions 16 to assist the student in correcting the student's behavior in the future or discuss with the 17 board and the student's parent or guardian, other setting options. 18 If the assignment to an alternative setting is to be for a period in excess of fifteen 19 school days, the board or the administrator to whom the board has delegated authority 20 pursuant to section 2 of this Act, must review the assignment on the fifteenth school day 21 and every fifteen school days thereafter until the conclusion of the assignment period or 22 the conclusion of the school year, whichever comes first. 23 Section 4. That a NEW SECTION be added to chapter 13-28: 24 On or before the second Friday of June of each year, the board of a school district 25 shall report to the Department of Education, on the form prescribed by the department, 26 the students who were assigned to receive instruction in an alternative setting during the 27 school year. 28 The department may disclose information contained in the report only if the data 29 has been: 30 (1) Anonymized; and 31 (2) Aggregated with the data reported by all other school districts. 32