Homeschooling a Child with an IEP in South Dakota
This is general guidance based on South Dakota law. For your specific IEP, consult a special education advocate.
Having an IEP doesn't mean you can't homeschool in South Dakota. You absolutely can. Here's what you need to know about services, rights, and the withdrawal process.
What happens to your child's services
South Dakota does not guarantee special education services for homeschooled students beyond evaluation. However, your child can partially enroll in public school to access some services. This was clarified by an Attorney General opinion. Contact your district about partial enrollment options.
Services generally limited for students not enrolled in public school. Beyond evaluation, districts not legally required to provide services to children receiving alternative instruction.
Primary source: IDEA — 20 USC 1412(a)(10)(A); 34 CFR 300.130-144
How to access services while homeschooling
Dual enrollment
SDCL 13-28-51 requires districts to permit part-time enrollment upon parent request, which can include access to special education services.
How to request: Contact local school district about partial enrollment options under SDCL 13-28-51
SDCL 13-28-51
Child Find
Federal requirement for districts to identify and evaluate children with suspected disabilities.
How to request: Contact local school district
IDEA — 20 USC 1412(a)(3); 34 CFR 300.111
Equitable services
Evaluation right established but ongoing services not guaranteed for children receiving alternative instruction.
Therapy access
- Speech therapy:
- Through partial enrollment at district discretion
- Occupational therapy:
- Through partial enrollment at district discretion
- Behavioral therapy:
- Primarily private providers
No state ESA or special needs scholarship program. Partial enrollment is the primary mechanism.
Before you withdraw
We recommend these steps for any family withdrawing a child with an IEP:
- 1
Request complete copies of all IEP documents, evaluations, and progress reports before you withdraw.
- 2
Consider requesting an IEP meeting to discuss the transition. This is optional but can provide valuable information.
- 3
File your homeschool notification with the state as required (our wizard will generate this for you).
- 4
Arrange any private therapies or services your child needs before withdrawal takes effect.
If you want to re-enroll
Homeschooling is not a one-way door. Your child can re-enroll in public school at any time.
Re-enrollment processes vary by state and district. Contact your local school to ask what evaluation or documentation they require. Keep copies of all IEP records. They will help the district determine placement and next steps.
Keep copies of all IEP documents, evaluations, and progress reports. You'll need these if you re-enroll.
Who to call
You don't have to navigate this alone. These organizations help families with special education questions.
COPAA
copaa.org · Find a special education attorney near you
Wrightslaw
wrightslaw.com · Special education law encyclopedia
Common questions
Can I homeschool a child with an IEP in South Dakota?
What happens to my child's IEP when I start homeschooling in South Dakota?
Related guides
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Start the South Dakota wizardRequirements sourced from SDCL Chapter 13-27 (Alternative Instruction, as amended by 2021 SB 177). Verified against primary legal sources. Last verified: March 2026