A student who is an English learner and in the first year of enrollment in a school in the United States is not required to take the state academic assessment in English language arts, if the student has participated in the annual test of English language proficiency as referenced in 20 U.S.C. 6311 (2015). Participation in the annual test of English language proficiency meets the requirement of 95 percent participation referenced in § 24:55:07:02. A student is exempt from only one iteration of the state academic assessment in English language arts.

If a student who is an English learner enrolls for the first time after the testing window for the English language proficiency test has ended, the student counts toward the requirement of 95 percent participation in English language arts referenced in § 24:55:07:02 by completing the English learner eligibility assessment.

A student who is an English learner and in the student's first year enrolled in a school in the United States is required to take the state academic assessments in mathematics and science. The results are not included in the calculation of the student achievement school performance index key indicator. However, the student counts toward the requirement of ninety-five percent participation as referenced in § 24:55:07:02.

Source: 39 SDR 51, effective October 3, 2012; 41 SDR 218, effective July 1, 201 5 ; 44 SDR 95, effective December 6, 2017; 44 SDR 192, effective July 2, 2018 ; 49 SDR 35, effective October 10, 2022 .

General Authority: SDCL 13-3-51 , 13-3-55 , 13-3-69 .

Law Implemented: SDCL 13-3-51 , 13-3-55 , 13-3-69 .

Prior versions effective: 2018-07-02, 2017-12-06, 2015-07-01, 2012-10-03.