South Dakota Homeschool Law Changes: What SB 177 Means for Families in 2026

If you've read anything about South Dakota homeschool law written before 2021, there's a good chance the key details are wrong. Annual registration? Gone. Mandatory standardized testing? Eliminated. Limited access to public school activities? Significantly expanded. Senate Bill 177, passed in 2021, rewrote the practical experience of homeschooling in South Dakota. Here is what the law actually says now, and what it means for families in 2026.

What SB 177 Changed

Annual Registration → One-Time Notification

Before SB 177, South Dakota required homeschooling families to re-file a notice of intent with the state every year by September 1. Under the current law (SDCL §13-27-3), you file an Alternative Instruction Notification once when you begin homeschooling. No annual renewal, no annual reminder deadline, no risk of accidentally lapsing because you forgot to re-file.

This single change significantly reduces the administrative overhead of homeschooling in South Dakota. A family who starts homeschooling in third grade and continues through twelfth grade files one piece of paperwork at the start — not twelve separate annual filings.

Standardized Testing Eliminated

Pre-SB 177, South Dakota required homeschooled students to participate in annual standardized testing. That requirement was removed entirely. As of 2026, South Dakota has no testing requirement for homeschooled students. There are no state-mandated assessments, no portfolio reviews, no annual evaluations of any kind.

Parents may choose to use standardized tests for their own tracking purposes — the Iowa Test of Basic Skills, the Stanford Achievement Test, and the CAT are all widely used by South Dakota families who want benchmark data. But these are personal choices, not legal obligations.

Extracurricular Access Expanded

Under SDCL §13-36-7, homeschooled students in South Dakota may participate in public school sports, activities, and extracurricular programs under the South Dakota High School Activities Association (SDHSAA). SB 177 clarified and strengthened these access provisions.

The practical mechanics: homeschooled students must meet the same eligibility requirements as enrolled students (academic standards, conduct rules, tryout processes) and must register with the district in which they reside. Districts cannot categorically exclude homeschooled students from programs.

This has made South Dakota one of the cleaner states for homeschool families who want academic flexibility without sacrificing competitive sports or performing arts programs.

What the Current Law Actually Requires

South Dakota's homeschool law is now one of the least burdensome in the country. Here is the complete picture for 2026:

Compulsory attendance age: Children ages 6 through 18 (SDCL §13-27-1) must be enrolled in an accredited school, an approved private school, or operating under an active Alternative Instruction Notification.

Notification: One-time AIN filing within 30 days of beginning alternative instruction. Required information: child's name, date of birth, resident district, parent signature.

Required subjects: Language arts and mathematics. SDCL §13-27-3 specifies that alternative instruction must include these two subjects and must be "designed to lead to mastery of the English language." There is no state-mandated curriculum, no required textbooks, and no list of approved resources.

Teacher certification: Not required. Any parent may homeschool regardless of educational background.

Standardized testing: Not required.

Portfolio reviews: Not required.

Home visits: Not permitted. The state has no authority to inspect homeschool settings or review instructional materials.

Class size: An alternative instruction setting may not exceed 22 children. This affects co-ops and learning pods — individual family homeschoolers are unaffected.

Testing Requirements: The Full Picture

Because South Dakota eliminated its testing mandate, the only reason homeschool students in South Dakota take standardized tests is personal choice — or future opportunity planning.

If your child intends to apply to a South Dakota Board of Regents university (USD, SDSU, SDSU Tech, Black Hills State, etc.), the BOR has its own admission standards for homeschooled applicants. Students need a 2.75 GPA or equivalent and college algebra readiness, or an ACT score in the 18-21 range depending on the institution. The BOR does not require state test scores, but ACT/SAT scores are still the most common way homeschoolers establish academic readiness for college admission.

The South Dakota Opportunity Scholarship is also available to homeschooled graduates. Eligibility requires completing coursework in specific subject areas — if pursuing this, plan your coursework to align with the scholarship requirements early in high school.

None of this means you must test. It means that if your child has post-secondary goals that involve certain SD institutions or scholarships, planning your documentation now is easier than reconstructing it later.

What Changed for Tribal Families

South Dakota has nine federally recognized tribes, and reservation-based families should be aware that tribal schools on trust land operate under tribal and federal jurisdiction — not exclusively state jurisdiction. Families on reservations who want to homeschool should confirm with their tribal education department whether state alternative instruction law applies to their situation, as some tribes have their own education codes that run parallel to or overlap with state requirements.

Compulsory Attendance: The Age Question

South Dakota's compulsory attendance applies from age 6 through age 18. Some older resources and outdated blog posts cite ages 6 through 16 — that was incorrect even before SB 177 and reflects a misreading of the statute. The current law is clear: children must be in a compliant educational setting until they turn 18 or graduate.

There is no requirement to formally notify anyone when you begin homeschooling a child under 6. Many families choose to file the AIN proactively if their child is close to the compulsory age, so the paperwork is already complete when it becomes legally required.

The Bottom Line for 2026

South Dakota homeschool law in 2026 is:

• One-time notification (not annual)
• No testing requirement
• No curriculum approval
• No teacher certification
• Required subjects: language arts + math only
• Compulsory age: 6 through 18
• Extracurricular access: available through SDHSAA

If you are withdrawing from public school to homeschool, the legal steps are a withdrawal letter to your school plus an AIN filed with the state. The South Dakota Legal Withdrawal Blueprint covers both steps with ready-to-use templates and a complete compliance checklist for operating under the current law.

See more United States homeschool guides →