If you've chosen to homeschool your child, you've likely done so because you are concerned that their needs wouldn't be properly met in a traditional classroom setting. Therefore, it can be uniquely frustrating when you receive pushback as a result of your approach. You're working hard to give your child what they need, and your local school district, the South Dakota Department of Social Services (DSS), or even the South Dakota Department of Education (DOE) is threatening the integrity of your efforts? It can be difficult to avoid walking around muttering the word “Outrageous!” under your breath repeatedly under such circumstances.
Thankfully, you don't have to navigate your legal challenges alone. If you need to take legal action in response to inappropriate pushback or a lack of support from an authoritative body, the Student Defense Team at the Lento Law Firm is here to help. We practice nationwide, so we've seen it all. No concern is too complex nor straightforward for our attorneys. If you have questions, need guidance, or need someone to start advocating on behalf of you and your child immediately, talk to us about your situation today by calling 888-535-3686 or by contacting the Lento Law Firm online. You are not alone.
Is Taking Legal Action Necessary?
Many people, very understandably, shy away from the idea of pushing back against those in positions of authority. If you grew up in the Midwest, you were likely taught from an early age that you should treat those in positions of power with respect. Yet, not all situations warrant deference as a matter of course.
Depending on the ins and outs of your circumstances, our Student Defense Team may be in a strong position to negotiate or otherwise work toward a favorable resolution to your challenges without pursuing formal legal action. However, if we need to go to court to secure justice for you, your child, and your family's rights, we are prepared to do so. Whether we need to challenge the actions of a school district or the state itself in order to protect you and your family, we will do what is necessary to place you in the strongest possible position to win your case.
South Dakota Homeschool Law
Parents and non-traditional educators are empowered to pursue homeschool instruction in South Dakota, provided that they adhere to specific legal requirements. Homeschooling – often referred to in South Dakota as alternative instruction – is governed, first and foremost, by SDCL 13-27-3. This law states that alternative instruction is permitted after a parent or guardian provides notice to the state's Department of Education that the child in question “is being provided with alternative instruction in the basic skills of language arts and mathematics.” The other core concerns of this law are that alternative instruction educators may not care for more than 22 children in this manner at a time, and that “All instructions shall be given so as to lead to a mastery of the English language.”
Effectively, this means that the requirements of the state's compulsory education law can be satisfied outside of a traditional classroom setting. And yet, too often, those who choose this educational avenue receive pushback, are subject to harassment, and/or fail to receive the support to which they are rightfully entitled. When parents who embrace alternative instruction methods are targeted, or if a need for support is not being sufficiently resolved, taking action may become necessary.
What Are You Up Against?
There are a host of concerns that can lead to trouble when parents decide to homeschool their kids in South Dakota. Similarly, when dedicated alternative instruction providers aim to teach many kids at once, problems can arise with shocking speed. The stakes of these scenarios can be so high – academically, professionally, and even in terms of parental rights – that it is generally wise to involve an experienced attorney as soon as trouble starts to brew. Some of the most common concerns that the Lento Law Firm's Student Defense Team handles on behalf of parents and alternative instruction providers in South Dakota include:
- Disputes about a child's age and enrollment requirements
- Religious exemptions from enrollment after a specific threshold has been reached
- Alternative instruction notification requirements
- Truancy warnings, complaints, and apprehension actions
- Child welfare concerns
- A school board's failure to provide materials as required by law
- Extracurricular activity participation concerns
- Access to transportation for extracurricular activities as required by law
- Professional concerns for those who provide alternative instruction
Additionally, those who don't understand the state's laws concerning these issues may feel compelled to report parents for neglect of their children's academic rights and needs. Although parents who honor state requirements should be able to resolve these kinds of complaints rather quickly, the toll that being accused of abuse or neglect can take on a family may be profound.
Notifying the State
Before the state will sanction alternative instruction, either a child's local school district or the South Dakota Department of Education must be notified of a parent or guardian's intention to provide them with this opportunity. It is easiest to complete required notification paperwork online, because in doing so, a child's local school district and the DOE will be notified simultaneously. This can help to minimize a risk that one or the other will challenge a parent's notification efforts. This notification must be filed within 30 days of when such instruction begins, a child transitions from a traditional classroom setting, or if a child moves to a different school district. School boards do not need to take any action in order to finalize the notification process. Yet, some school boards – and, at times, the DOE – push back when a parent insists that they want to provide their child with alternative instruction. If this happens, it may be necessary to get a lawyer involved so that both parent and child rights aren't trampled upon.
School Board Responsibilities
In South Dakota, a public school board is required to loan – for free – textbooks to children (ages 5-19) who are receiving alternative instruction and who reside in that board's district. The textbooks in question must mirror those normally used in the district's public schools, and they must be nonsectarian in nature. State regulations specifically state that both print and digital materials qualify as “textbooks” for the purposes of this requirement, although computer hardware is explicitly not considered to be textbook material. When school boards fail to provide kids receiving alternative instruction with the materials to which they're entitled under the law, legal action may ultimately be necessary.
Special Education
In South Dakota, any “individuals knowledgeable about (a) child” are empowered to refer a child who may have special needs to their local school district for an evaluation. A school district is then bound to either conduct an evaluation or provide documentation that explains why an evaluation is not currently necessary. Once the evaluation is complete, a child who has certain special needs may be offered a “Free Appropriate Public Education (FAPE).” Any child who ordinarily receives alternative instruction will need to be enrolled in their local district – or an open enroll option – on a part-time basis (at minimum) in order to receive these services.
It is important to note that parents are empowered to refuse the opportunity of public school enrollment in order to receive special services. However, depending on whether the state's Department of Social Services has concerns about whether a special needs child is receiving what they need – academically and/or otherwise – at home, a refusal to accept services may inspire or otherwise affect an investigation into an affected child's well-being.
Dual Credit
Another consequential concern that may affect the families of children who receive alternative instruction is the state's dual credit opportunity. Thanks to this opportunity, South Dakota 11th and 12th graders (who meet specific admission criteria) are empowered to enroll in public universities and technical college in order to work toward credits that “count” for both high school graduation and postsecondary achievements simultaneously. This is a particularly attractive option for many families because this college-level coursework is made available to high schoolers at rates that are significantly lower than those charged to college-age students.
Unfortunately, the process of securing dual credit opportunities can be uniquely challenging for families that provide their kids with alternative instruction. Not only must a student seeking dual credit have alternative instruction notification on file with the DOE, but a signed Memorandum of Understanding (MOU) must generally be filed with the DOE as well. Sometimes, challenges with one form of documentation or another can cause deserving students to miss out on this cost-effective opportunity, and their parents may need to take legal action to enforce their children's rights as a result.
Truancy
The concept of truancy gets tricky at times when it comes to students who receive alternative instruction. In South Dakota, a school board is only responsible for enforcing attendance requirements for those students who are enrolled in that particular district. Technically, after the state and/or district has been properly notified of a student's alternative instruction status, that student can't be held accountable for truancy from traditional classroom instruction. However, many South Dakota students receive alternative instruction part-time and are enrolled in a school district (in order to receive instruction and/or special services) part-time. This is where truancy investigations, warnings, complaints, and actions may become a family's stressful reality.
If a student's attendance in their part-time public school offerings is perceived to be irregular (or if they drop out altogether without notice), a district's truancy officer will be notified. Similarly, if someone makes a complaint that a student who is (fully or on a part-time basis) supposed to be receiving alternative instruction is, in fact, not receiving required instruction, that student's education may become the subject of formal truancy proceedings.
It is important to respond to allegations in either scenario promptly. Otherwise, the case could be taken before a judge and could potentially result in criminal penalties, adjustments in parental rights, and a host of other consequential concerns. In addition to fighting back against such allegations, it may be necessary to pursue legal action against those making such accusations if they are doing so with malice that could be considered harassment, parental interference, etc.
Extracurricular Activities
Finally, although no student in South Dakota has a “vested right” to be selected to compete in any particular extracurricular offering, students (age 5-19) receiving alternative instruction are empowered to participate in activities offered by their school district of residence. Far too often, however, school districts, individual school administrators, and coaches push back on such participation. When this happens, parents may need to work with a skilled legal team to take action on behalf of their children.
Legal Assistance Is Available
Between the 2017-2018 and 2022-2023 school years, South Dakota's alternative instruction enrollment jumped 94%. Only the District of Columbia and New York experienced greater transitions away from traditional instruction over this time period. Hopefully, the knowledge that you aren't the only one who is experiencing homeschooling challenges – that there are, indeed, many South Dakotans treading this water with you – is comforting. Yet, there isn't always safety in numbers. When challenges escalate, you may find that you're in need of a trusted legal team who will have your back, and your child's as well.
The dedicated Student Defense Team at the Lento Law Firm understands the unique issues that define this area of law. It is rare for a legal team to have extensive experience in homeschooling laws and regulations. We do. And as a result, we know how to win.
Because your child's academic future, their well-being, and your family's well-being may be at stake, there is no time to waste in connecting with our knowledgeable and compassionate attorneys. Tell us about your needs today by calling 888-535-3686 or by contacting us online. We look forward to building the strongest possible case on your family's behalf.
