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2020 Op. S.D. Att'y Gen. 1 (2020)

handle is hein.sag/sagsd0072 and id is 1 raw text is: 


Official Opinion No. 20-01 Open Enrollment of Special
Education Students

September  14, 2020

Eric John Nies

P.O. Box 759

109 Main  Street

Spearfish, SD 57783

Official Opinion No. 20-01

Re:   Open  Enrollment  of Special Education
Students

Dear Mr. Nies,

In your capacity as counsel for the Meade County
School District you have requested an official opinion
from the Attorney General's Office on the following
question:

QUESTION:


      Can a nonresident school district deny an
      application for open enrollment if a member of
      the applicant's family is already enrolled in the
      district, but the district cannot provide an
      appropriate special education instructional
      program or appropriate special education
      related services?


ANSWER:


      Pursuant to SDCL  13-28-44, a nonresident
      school district may deny an open enrollment
      application due to the nonresident district's
      inability to provide a student seeking to open
      enroll an appropriate program of special
      education instruction or related services.


FACTS:

The above question has arisen between the Meade
County  School District and a neighboring district and

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