Homeschooling a Child with Special Needs in South Dakota: What Parents Need to Know

South Dakota allows parents to homeschool under SDCL 13-27-3, and thousands of families do—including many who are homeschooling specifically because the local public school could not or would not meet their child's special education needs. If you are homeschooling a child with a disability in South Dakota, or considering it, the intersection of homeschool law and special education law is something you need to understand clearly.

The short version: your child does not lose their right to certain special education services just because you homeschool. But what the district is required to provide—and how much—is significantly more limited than what they must provide to enrolled students.

Child Find Still Applies to Homeschooled Children

Under SDCL 13-37 and federal IDEA, South Dakota school districts are required to identify, locate, and evaluate all children with disabilities who reside within their jurisdiction—including children who receive alternative instruction (homeschooling). This is called the Child Find obligation, and it does not disappear when you withdraw your child from public school.

In practice, this means:

• If you suspect your homeschooled child has a disability, you can request an evaluation from the local school district at no cost to you
• The district must conduct the evaluation using the same standards and timelines as for enrolled students (25 school days after consent)
• The evaluation is free

Child Find applies even if you have never enrolled your child in public school. The district cannot refuse to evaluate a homeschooled child simply because they are not enrolled.

What Services Can Homeschooled Children Access?

Child Find and evaluation obligations apply to homeschooled children, but South Dakota does not apply one specific parentally placed private-school service model to every homeschool arrangement. Ask the resident district and the SD DOE which IDEA and state rules govern services after evaluation.

What this means practically:

• Your homeschooled child may be eligible for an evaluation and for services under the applicable enrollment category, but do not assume the same services as an enrolled public-school student
• Ask the district what plan or service pathway applies and what consultation is available
• Keep the evaluation, written responses, and any service proposal in your records

Why Some Families Homeschool Because of IEP Failures

A significant number of South Dakota families homeschool specifically because the public school system failed their child. This includes families whose children were repeatedly suspended, families in rural districts where no specialists were available, and families on reservations where BIE school conditions were unacceptable.

If you are homeschooling in response to a district's failure to provide services, preserve the IEP, service records, evaluations, and correspondence. Withdrawal can affect how later disputes are analyzed, so the timing and circumstances matter.

If you withdrew your child because the district was violating their IEP, consult Disability Rights South Dakota (DRSD) at 1-800-658-4782 before taking further action. DRSD's assistance depends on its annual priorities and federal program eligibility.

If You Want to Return to Public School

When a homeschooled child with a disability re-enrolls in a South Dakota public school, ask the district in writing how it will handle evaluation, eligibility, and services during the transition. Do not assume that a homeschool service arrangement transfers automatically or that the district may delay indefinitely.

Accessing Evaluations Without Re-Enrolling

You can request an evaluation from the district for your homeschooled child without any intention to re-enroll. The results of the evaluation can help you:

• Ask about speech, OT, or other services available under the applicable district process
• Understand your child's specific needs and learning profile
• Inform your homeschool curriculum choices
• Build a record if you later decide to re-enroll and request a full IEP

Send your evaluation request in writing to the Special Education Director of your resident school district. The letter should identify your child by name and age, state that you are currently homeschooling under SDCL 13-27-3, and request a comprehensive special education evaluation. Once you sign consent, the 25-school-day timeline begins.

South Dakota's Rural Context: Limited Services Even When Available

Even when a homeschooled child qualifies for services, delivery can be complicated by the same rural geography that affects enrolled students. Itinerant specialists from regional cooperatives may have limited scheduling availability. Ask the district to identify the available service pathway, frequency, and location in writing.

Some families in rural areas may negotiate for services delivered at the district school on specific days. This can work when the district is cooperative, but the applicable legal entitlement depends on the child's enrollment category and governing rules.

The South Dakota IEP & 504 Advocacy Playbook at /us/south-dakota/advocacy/ includes guidance on navigating the Child Find process as a homeschool parent and requesting a district evaluation—even if you have no intention of returning to public school.

See more South Dakota guides →