Amendment 177bc

(2A) "Fall enrollment," the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the current school year plus 0.1 times the number of students receiving alternative instruction who participate in interscholastic activities pursuant to section 2 of this Act minus the number of students for whom the district receives tuition, except nonresident students who are in the care and custody of a state agency and are attending a public school and students for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition. When computing state aid to education for a school district pursuant to § 13-13-73, the secretary of the Department of Education shall use the school district's fall enrollment;

Section 2. That § 13-36-7 be amended to read:

13-36-7. Any student enrolling in a South Dakota district pursuant to § 13-15-21 is eligible to participate in any interscholastic activity sponsored by the South Dakota High School Activities Association. ~~If the school board or governing body of an accredited school approves, a~~ Any student receiving alternative instruction pursuant to § 13-27-3 is eligible to participate in any interscholastic activity sponsored by the South Dakota High School Activities Association. Nothing in this section confers any vested right in any student wishing to participate in any interscholastic activity to be selected for competition in such activity. However, any accredited school student who leaves an accredited program during the course of the school year for any reason and enters an alternative instruction program is ineligible for participation in interscholastic activities for one year beginning on the date in which the student enters the alternative program. Participation in any interscholastic activity by a student receiving alternative instruction shall in no way affect the student's public school exemption certificate.

Section 3. That chapter 13-36 be amended by adding a NEW SECTION to read:

Each student receiving alternative instruction that participates in up to three interscholastic activities within the district shall be counted a 0.1 student towards the school's fall enrollment pursuant to § 13-13-10.1.

Section 4. That chapter 13-36 be amended by adding a NEW SECTION to read:

A student academically ineligible to participate in any interscholastic activity while enrolled in an accredited school who transfers to an alternative instruction program shall be ineligible to participate in any accredited school interscholastic activity for forty-five days after entering the alternative instruction program and the student is eligible pursuant to section 4 of this Act.

Section 5. That chapter 13-36 be amended by adding a NEW SECTION to read:

A student receiving alternative instruction participating, or seeking to participate, in any accredited school interscholastic activity shall comply with all rules and policies that are applicable to students enrolled in an accredited school and pay the same fees that students enrolled in an accredited school are required to pay if the rules and policies are not inconsistent with this Act.

Section 6. That chapter 13-36 be amended by adding a NEW SECTION to read:

A school district has no duty to transport a student receiving alternative instruction to the school for interscholastic activity practices, meetings, or events. Students receiving alternative instruction may not be prohibited from riding on buses or other forms of transportation with the team to any event away from the local accredited school if the team is being transported by bus or other form of transportation.

Section 7. Sections 1 and 3 of this Act are effective on July 1, 2018."