25.681.20 100th Legislative Session 109
2025 South Dakota Legislature
Senate Bill 109
ENROLLED
AN ACT
ENTITLED An Act to permit a school district to implement a new or revised section
504 plan, individualized family service plan, or individualized education
program for a student who is the child of an active -duty member of the United
States armed forces.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to chapter 13-37:
Within thirty calendar days after the date on which the student is enrolled in a
school district, the district must implement a new or revised plan under section 504 of the
Rehabilitation Act, 20 U.S.C. § 794 (January 1, 2025), a new or revised individualized
family service plan under 20 U.S.C. § 1436 (January 1, 2025), or a new or revised
individualized education program under 20 U.S.C. § 1401 (January 1, 2025) if:
(1) The student is the child of an active-duty member of the United States armed
forces, as defined in § 13-55-7, and the member is the subject of a military transfer
to this state;
(2) The student currently has a section 504 plan, individualized family service plan, or
an individualized education program implemented by the district in which the
student was previously enrolled; and
(3) The appropriate school district staff member does not implement the current
section 504 plan, individualized family service plan, or individualized education
program.
At the time the student is enrolled in the school district, the inbound active-duty
member of the United States armed forces shall indicate that the student is the child of
an active-duty member of the United States armed forces who is the subject of a military
transfer to this state. The school district shall accept unofficial records provided by the
student's parent or guardian pending validation by the official records, pursuant to § 13-
53E-1(IV)(A). When the student is enrolled and receives conditional placement, the school 25.681.20 2 109
SB109 ENROLLED
district shall take reasonable steps to request the student's official education record from
the district in which the student was previously enrolled, pursuant to § 13-53E-1(IV)(B).
The student's parent or guardian and the school district may, by mutual
agreement, extend the deadline for implementation of a new or revised program. 25.681.20 3 109
SB109 ENROLLED
An Act to permit a school district to implement a new or revised section 504 plan,
individualized family service plan, or individualized education program for a student who is
the child of an active-duty member of the United States armed forces.
I certify that the attached Act originated in
the:
Senate as Bill No. 109
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
Senate Bill No. 109
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State