3-6-1 Compulsory School Attendance.

1. Every Wakanyeja between the ages of six (6) years (on or before September 1) and eighteen (18) years of age residing or domiciled on the Rosebud Reservation and within its territories shall attend a public or tribal school full-time when school is in session except:
   1. the Wakanyeja is attending a private school certified by the Rosebud Sioux Tribe or the State of South Dakota;
   2. the Wakanyeja is receiving homeschool instruction as defined in subsection (c); or
   3. the superintendent of the school district in which the Wakanyeja resides has excused the Wakanyeja from attendance because;
      1. is physically or mentally unable to attend school;
      2. is attending a residential school certified by Rosebud Sioux Tribe or the State of South Dakota to meet the needs of the Wakanyeja;
      3. has been temporarily excused upon the request of his or her parent, guardian or custodian for purposes that are agreed upon by the school authorities; or
   4. is sixteen (16) years of age or older and:
      1. the Wakanyeja is emancipated in accordance with applicable law; or
      2. has already met graduation requirements in accordance with South Dakota Department of Education.
   5. the Wakanyeja has been designated homeless or a victim of domestic violence.
2. The parent, guardian or custodian of any Wakanyeja between the ages of six (6) years (on or before September 1) and eighteen (18) years of age residing or domiciled on the Rosebud Reservation and within its territories shall ensure that the Wakanyeja complies with the requirements set forth in subsection 3-4-1 (a).
3. For the purposes of this chapter, instruction shall be homeschooled if:
   1. the instruction consists of planned and supervised instructional and related educational activities established by State of South Dakota or Bureau of Indian Education; and
   2. such instruction is provided by a parent who is:
      1. instructing only his or her child, or under the supervision of another person; or
      2. deemed sufficiently qualified to provide homeschooled instruction by the superintendent of the school district in which the Wakanyeja resides.
   3. monitored by the Rosebud Sioux Tribal Education Department.
   4. must enroll on annual basis within school district or school that is providing the exception to daily attendance.
   5. must meet the required testing by a school district or school on an annual basis.