13-28-10 School residency of child residing in home other than residence of parents, guardian, or n...
School residency of child residing in home other than residence of parents,
guardian, or noncustodial parents--Petition to local school board.
If a school age child resides in a
home other than the residence of his parents, guardian, or noncustodial parents on a temporary or
permanent basis, the school residency of the child is where the parents, noncustodial parents, or
guardian reside unless, upon request of the person with whom the child is living, the local school
board accepts the child as a resident of that school district. If the school board rejects the request,
the person who made the request may, within fifteen days after receipt of the rejection, appeal to the
school board for a hearing. The decision of the school board after the hearing is final and may be
appealed to the circuit court. However, a school age child is a resident of the school district where
the school age child is placed by the Unified Judicial System, the Department of Corrections, or
entities approved by the Department of Social Services, including a foster home.
Source: SL 1959, ch 70; SDC Supp 1960, § 15.3003; SL 1965, ch 52; SL 1975, ch 128, § 188; SL
1982, ch 143, § 3; SL 1993, ch 138, § 1; SL 1997, ch 96, § 1.