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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