Homeschool Laws in South Dakota: Requirements and How to Start

South Dakota is one of the most straightforward states in the country to homeschool. The legal requirements are minimal, the state does not conduct home visits, and there is no curriculum approval process. But "minimal requirements" does not mean "no requirements" — there are specific steps families must follow to remain legally compliant, and missing them can create unnecessary friction with local school administrators.

Here is an honest breakdown of South Dakota homeschool law, what you must do, and where families commonly make mistakes.

South Dakota's Legal Framework for Homeschooling

Under South Dakota Codified Laws §§13-27-3 and 13-27-7, parents may provide alternative instruction at home subject to the required notification. South Dakota classifies homeschooling as alternative instruction — a distinct legal category with specific rights and obligations. Compulsory-attendance rules generally continue until a child turns 18, graduates, or is otherwise excused under the chapter.

What South Dakota Requires from Homeschooling Families

Alternative Instruction Notification

South Dakota requires parents to file an Alternative Instruction Notification with the Department of Education or local district within 30 days after the child first begins alternative instruction. It is generally a one-time filing for each child, not an annual September 1 filing.

The notification may be filed with the Department of Education or local district. If the child moves to a different district or enrolls in a public or nonpublic school, submit the updated notification within 30 days of the transition.

Required Subjects

South Dakota law describes alternative instruction as covering the basic skills of:

• Language arts
• Mathematics

The statute also requires instruction to be given so as to lead to mastery of the English language.

These are broad skill areas, not specific curriculum requirements. The statute does not mandate which textbooks or programs you use, nor does it require you to follow the state's academic standards.

Instructional-Day Count

South Dakota's current alternative-instruction statute does not set a 175-day homeschool minimum. Keep a simple record of instruction and retain your signed or stamped notification copy, but do not import Iowa's 148-day rule or a 175-day rule into South Dakota compliance.

Teacher Qualifications

The person providing instruction is not required to be state certified. The statute also limits one instructor to no more than 22 children.

Standardized Testing: What South Dakota Actually Requires

South Dakota's current alternative-instruction notification statute does not require an annual standardized achievement test administered by a private evaluator.

Families may still keep work and assessment records for their own planning, later placement, or a transcript. Do not treat a private test as an annual state filing requirement unless a current official rule or a specific school activity requires it.

How to Withdraw Your Child from Public School in South Dakota

If your child is currently enrolled in a public school:

1. Notify the school in writing that you are withdrawing your child to begin homeschooling. A brief letter stating the child's name, grade, and effective date of withdrawal is sufficient.
2. Send it via certified mail with return receipt requested. This creates a paper record proving the school received your notification — important if there is ever any question about whether your child has been truant.
3. File the Alternative Instruction Notification with the Department of Education or local district within 30 days after alternative instruction begins, and update it within 30 days of a qualifying transition.

You are not required to explain your reasons for homeschooling to the principal, share your curriculum plan, or sit for any kind of administrative review before beginning instruction at home.

Dual Enrollment: Sports and Activities

South Dakota law requires a public-school district to allow a child receiving alternative instruction to participate in athletics, fine arts, or activities within the child's resident district, subject to the same eligibility and training requirements as publicly enrolled students. Confirm the district's forms and deadlines before participation.

Record-Keeping Best Practices

South Dakota's notification requirement makes it useful to keep organized records throughout the year. Maintaining the following records is strongly advisable:

• Instruction records: A simple record of the work and instruction provided
• Notification copy: The signed or stamped copy showing proof of notification
• Curriculum materials: Notes on textbooks and programs used, organized by subject and school year
• Work samples: Student assignments, projects, and assessments across core subjects

If your child later transitions back to public or private school, or applies to college, these records will be essential for placement and transcript creation.

Where Families Run Into Trouble

Not Filing or Updating the Notification

The key deadline is filing the Alternative Instruction Notification within 30 days after instruction begins. A new or updated notification is also required within 30 days after a move to another district or enrollment in a public or nonpublic school.

Assuming an Annual Standardized Test Is Required

South Dakota's current alternative-instruction statute does not impose the annual private standardized-test requirement described in older summaries. Keep records for educational and transition purposes, but verify any separate activity or school requirement directly.

Failing to Keep the Notification Record

Keep the signed or stamped notification copy and update the Department of Education or local district within 30 days when a qualifying transition occurs.

If You Are Homeschooling in Iowa

Iowa's homeschool laws are structurally more complex than South Dakota's. Iowa has a dual-path legal system — Competent Private Instruction (CPI) and Independent Private Instruction (IPI) — where choosing the wrong path means either filing paperwork you legally did not need to file, or failing to file paperwork that is actually required. The wrong choice can lead to school district oversight you did not consent to, or truancy exposure.

Iowa's 148-day instruction minimum, Form A filing requirements, the 30th percentile assessment threshold for older students under CPI, and the certified mail protocol for withdrawal letters all need to be handled correctly from day one. The Iowa Legal Withdrawal Blueprint provides fillable templates and a plain-English decision guide for Iowa families navigating this process.

Bottom Line

South Dakota is one of the cleaner states to homeschool in. File the Alternative Instruction Notification within 30 days after instruction begins, update it within 30 days after a qualifying transition, and provide instruction in the basic skills of language arts and mathematics. The current statute does not impose the post's former 175-day or annual private-testing requirements. Keep the notification proof and basic instruction records so the administrative side remains clear.

See more Iowa guides →