South Dakota 2025 Regular Session

South Dakota Senate Bill SB109 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.681.20 100th Legislative Session 109
	1	+	25.681.19 100th Legislative Session 109
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		Senate Bill 109
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to permit a school district to implement a new or revised section
12		-	504 plan, individualized family service plan, or individualized education
13		-	program for a student who is the child of an active -duty member of the United
14		-	States armed forces.
15		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
16		-	Section 1. That a NEW SECTION be added to chapter 13-37:
17		-	Within thirty calendar days after the date on which the student is enrolled in a
18		-	school district, the district must implement a new or revised plan under section 504 of the
19		-	Rehabilitation Act, 20 U.S.C. § 794 (January 1, 2025), a new or revised individualized
20		-	family service plan under 20 U.S.C. § 1436 (January 1, 2025), or a new or revised
21		-	individualized education program under 20 U.S.C. § 1401 (January 1, 2025) if:
22		-	(1) The student is the child of an active-duty member of the United States armed
23		-	forces, as defined in § 13-55-7, and the member is the subject of a military transfer
24		-	to this state;
25		-	(2) The student currently has a section 504 plan, individualized family service plan, or
26		-	an individualized education program implemented by the district in which the
27		-	student was previously enrolled; and
28		-	(3) The appropriate school district staff member does not implement the current
29		-	section 504 plan, individualized family service plan, or individualized education
30		-	program.
31		-	At the time the student is enrolled in the school district, the inbound active-duty
32		-	member of the United States armed forces shall indicate that the student is the child of
33		-	an active-duty member of the United States armed forces who is the subject of a military
34		-	transfer to this state. The school district shall accept unofficial records provided by the
35		-	student's parent or guardian pending validation by the official records, pursuant to § 13-
36		-	53E-1(IV)(A). When the student is enrolled and receives conditional placement, the school 25.681.20 2 109
37		-	SB109 ENROLLED
38		-	district shall take reasonable steps to request the student's official education record from
39		-	the district in which the student was previously enrolled, pursuant to § 13-53E-1(IV)(B).
40		-	The student's parent or guardian and the school district may, by mutual
41		-	agreement, extend the deadline for implementation of a new or revised program. 25.681.20 3 109
42		-	SB109 ENROLLED
43		-	An Act to permit a school district to implement a new or revised section 504 plan,
44		-	individualized family service plan, or individualized education program for a student who is
45		-	the child of an active-duty member of the United States armed forces.
46		-
47		-
48		-
49		-
50		-	I certify that the attached Act originated in
51		-	the:
52		-
53		-	Senate as Bill No. 109
54		-
55		-
56		-
57		-	Secretary of the Senate
58		-
59		-
60		-
61		-
62		-	President of the Senate
63		-
64		-	Attest:
65		-
66		-
67		-
68		-
69		-	Secretary of the Senate
70		-
71		-
72		-
73		-
74		-	Speaker of the House
75		-
76		-	Attest:
	6	+	SENATE ENGROSSED
77	7
78	8
79	9
80	10
81	11
82		-	~~Chief Clerk~~
	12	+	Introduced by: Senator Duhamel
83	13
84		-
85		-
86		-	Senate Bill No. 109
87		-	File No. ____
88		-	Chapter No. ______
89		-
90		-
91		-
92		-	Received at this Executive Office
93		-	this _____ day of _____________,
94		-
95		-	2025 at ____________M.
96		-
97		-
98		-
99		-	By
100		-	for the Governor
101		-
102		-
103		-	The attached Act is hereby
104		-	approved this ________ day of
105		-	______________, A.D., 2025
106		-
107		-
108		-
109		-
110		-
111		-	Governor
112		-
113		-	STATE OF SOUTH DAKOTA ,
114		-	ss.
115		-	Office of the Secretary of State
116		-
117		-
118		-	Filed ____________, 2025
119		-	at _________ o'clock __M.
120		-
121		-
122		-
123		-
124		-
125		-	Secretary of State
126		-
127		-
128		-
129		-	By
130		-	Asst. Secretary of State
131		-
132		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	An Act to permit a school district to implement a new or revised section 504 plan, 1
	17	+	individualized family service plan, or individualized education program for a 2
	18	+	student who is the child of an active-duty member of the United States armed 3
	19	+	forces. 4
	20	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 5
	21	+	Section 1. That a NEW SECTION be added to chapter 13-37: 6
	22	+	Within thirty calendar days after the date on which the student is enrolled in a 7
	23	+	school district, the district must implement a new or revised plan under section 504 of the 8
	24	+	Rehabilitation Act, 20 U.S.C. § 794 (January 1, 2025), a new or revised individualized 9
	25	+	family service plan under 20 U.S.C. § 1436 (January 1, 2025), or a new or revised 10
	26	+	individualized education program under 20 U.S.C. § 1401 (January 1, 2025) if: 11
	27	+	(1) The student is the child of an active-duty member of the United States armed 12
	28	+	forces, as defined in § 13-55-7, and the member is the subject of a military transfer 13
	29	+	to this state; 14
	30	+	(2) The student currently has a section 504 plan, individualized family service plan, or 15
	31	+	an individualized education program implemented by the district in which the 16
	32	+	student was previously enrolled; and 17
	33	+	(3) The appropriate school district staff member does not implement the current 18
	34	+	section 504 plan, individualized family service plan, or individualized education 19
	35	+	program. 20
	36	+	At the time the student is enrolled in the school district, the inbound active-duty 21
	37	+	member of the United States armed forces shall indicate that the student is the child of 22
	38	+	an active-duty member of the United States armed forces who is the subject of a military 23
	39	+	transfer to this state. The school district shall accept unofficial records provided by the 24
	40	+	student's parent or guardian pending validation by the official records, pursuant to § 13-25
	41	+	53E-1(IV)(A). When the student is enrolled and receives conditional placement, the school 26 25.681.19 2 109
	42	+	Underscores indicate new language.
	43	+	Overstrikes indicate deleted language.
	44	+	district shall take reasonable steps to request the student's official education record from 1
	45	+	the district in which the student was previously enrolled, pursuant to § 13-53E-1(IV)(B). 2
	46	+	The student's parent or guardian and the school district may, by mutual 3
	47	+	agreement, extend the deadline for implementation of a new or revised program. 4