South Dakota 2026 Regular Session Status: In Committee 22 R cosponsors

SB 218 — provide for the establishment of charter schools.

Last action — Senate Reconsidered , Passed, YEAS 17, NAYS 16 S.J. 339

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced February 04, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 30% · moderate confidence
  • In Committee

    Current position in the legislative process.

  • 22 sponsors

    22 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (22 R).

  • Mixed recorded votes

    2 passed, 1 failed in recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

483 added · 475 removed

483 line(s) added, 475 removed.

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26.25.34 101st Legislative Session 218 South Dakota Legislature Senate Bill 218 Introduced by:
26.25.35 101st Legislative Session 218 South Dakota Legislature Senate Bill 218 SENATE EDUCATION ENGROSSED Introduced by:
(3) Provide a comprehensive program of instruction for at least one grade between kindergarten and grade twelve, inclusive;
(3) Operate a physical structure where the school provides in-person academic instruction, extracurricular activities, and other functions associated with the educational program offered by the charter school;
(4) Follow the same operational term as provided for in § 13-26-2;
(4) Provide a comprehensive program of instruction for at least one grade between kindergarten and grade twelve, inclusive;
(5) Follow all applicable state and federal laws governing the provision of education to children with disabilities;
(5) Follow the same operational term as provided for in § 13-26-2;
(6) Provide for the measurement of student progress in a manner required by the Department of Education;
26.25.34 2 218 (7) Be subject to the same student assessment and accountability requirements applicable to school districts in this state, except that nothing prevents the school from establishing additional assessments and requirements that exceed those applicable under state law;
26.25.35 2 218 (6) Follow all applicable state and federal laws governing the provision of education to children with disabilities;
(8) Report educational data and preserve educational financial records in the same manner as a school district pursuant to §§ 13-3-51 to 13-3-51.6, inclusive;
(7) Provide for the measurement of student progress in a manner required by the Department of Education;
(9) Maintain accounting and financial functions that are separate from those of the authorizing entity;
(8) Be subject to the same student assessment and accountability requirements applicable to school districts in this state, except that nothing prevents the school from establishing additional assessments and requirements that exceed those applicable under state law;
(10) Maintain a risk management and insurance program;
(9) Report educational data and preserve educational financial records in the same manner as a school district pursuant to §§ 13-3-51 to 13-3-51.6, inclusive;
and (11) Use the same standards as those established for the education of students in a school district.
(10) Maintain accounting and financial functions that are separate from those of the authorizing entity;
(11) Maintain a risk management and insurance program;
and (12) Use the same standards as those established for the education of students in a school district.
A charter school authorized under this chapter may not use online, remote, or other virtual methods as the primary method of providing educational programming.
(4) An assessment of charter schools with respect to their ability to meet the demand for charter school education, as calculated by admissions data and the number of students denied enrollment;
Overstrikes indicate deleted language.
26.25.35 3 218 (4) An assessment of charter schools with respect to their ability to meet the demand for charter school education, as calculated by admissions data and the number of students denied enrollment;
Overstrikes indicate deleted language.
Section 4.
26.25.34 3 218 Section 4.
(8) The anticipated enrollment of the charter school;
Overstrikes indicate deleted language.
26.25.35 4 218 (8) The anticipated enrollment of the charter school;
Overstrikes indicate deleted language.
(13) Personnel policies for the charter school, including those addressing employment and qualifications;
26.25.34 4 218 (13) Personnel policies for the charter school, including those addressing employment and qualifications;
The authorizing entity may ask questions of or request revisions from the applicant throughout the review period.
The authorizing entity Overstrikes indicate deleted language.
26.25.35 5 218 may ask questions of or request revisions from the applicant throughout the review period.
The entity may not approve or deny an Overstrikes indicate deleted language.
The entity may not approve or deny an application to establish a charter school at the same meeting at which the application was initially reviewed by the entity.
26.25.34 5 218 application to establish a charter school at the same meeting at which the application was initially reviewed by the entity.
Section 8.
Overstrikes indicate deleted language.
26.25.35 6 218 Section 8.
No later than thirty days after an application for a charter school is approved, the authorizing entity must enter into a contract with the governing board of the charter Overstrikes indicate deleted language.
No later than thirty days after an application for a charter school is approved, the authorizing entity must enter into a contract with the governing board of the charter school.
26.25.34 6 218 school.
If any of the conditions set by the authorizing entity, pursuant to section 7 of this Act, have not been met by the charter school, the entity may provide the governing board of the charter school with an additional thirty days to meet the conditions set before terminating the contract or may immediately terminate the contract with the governing board.
Overstrikes indicate deleted language.
26.25.35 7 218 If any of the conditions set by the authorizing entity, pursuant to section 7 of this Act, have not been met by the charter school, the entity may provide the governing board of the charter school with an additional thirty days to meet the conditions set before terminating the contract or may immediately terminate the contract with the governing board.
Overstrikes indicate deleted language.
A single nonprofit corporation may apply to create more than one charter school, and may designate a single governing board to hold the contract of each charter school authorized as a result of the nonprofit corporation's application.
26.25.34 7 218 A single nonprofit corporation may apply to create more than one charter school, and may designate a single governing board to hold the contract of each charter school authorized as a result of the nonprofit corporation's application.
or (4) The contract is revoked pursuant to section 19 of this Act.
or Overstrikes indicate deleted language.
26.25.35 8 218 (4) The contract is revoked pursuant to section 19 of this Act.
A governing board of a charter school is responsible for collecting, analyzing, and reporting all data from state assessments or other state data sources in accordance with Overstrikes indicate deleted language.
A governing board of a charter school is responsible for collecting, analyzing, and reporting all data from state assessments or other state data sources in accordance with the performance framework described in section 9 of this Act.
26.25.34 8 218 the performance framework described in section 9 of this Act.
The authorizing entity of a charter school shall monitor the performance and legal compliance of the charter school and may collect data from the school to support the ongoing monitoring and evaluation, so long as those activities are consistent with this chapter, adhere to the terms of the charter contract, and do not unduly inhibit the autonomy granted to the charter school.
The authorizing entity of a charter school shall monitor the performance and legal compliance of the charter school and may collect data from the school to support the Overstrikes indicate deleted language.
26.25.35 9 218 ongoing monitoring and evaluation, so long as those activities are consistent with this chapter, adhere to the terms of the charter contract, and do not unduly inhibit the autonomy granted to the charter school.
If the authorizing entity determines that the charter school's performance or legal compliance is unsatisfactory, the entity may require the governing board of the charter Overstrikes indicate deleted language.
If the authorizing entity determines that the charter school's performance or legal compliance is unsatisfactory, the entity may require the governing board of the charter school to take action to rectify the unsatisfactory performance or legal compliance of the charter school.
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26.25.34 9 218 school to take action to rectify the unsatisfactory performance or legal compliance of the charter school.
(a) The performance framework, established pursuant to subdivision (1) of section 9 of this Act;
Overstrikes indicate deleted language.
26.25.35 10 218 (a) The performance framework, established pursuant to subdivision (1) of section 9 of this Act;
Overstrikes indicate deleted language.
(d) The administrative relationship between the authorizing entity and the governing board of the charter school;
26.25.34 10 218 (d) The administrative relationship between the authorizing entity and the governing board of the charter school;
(1) Engaged in a material breach of the contract or a substantial violation of this chapter;
Overstrikes indicate deleted language.
26.25.35 11 218 (1) Engaged in a material breach of the contract or a substantial violation of this chapter;
Overstrikes indicate deleted language.
If the authorizing entity is the board of a school district, a denial of an application under this section may be appealed to the Department of Education.
26.25.34 11 218 If the authorizing entity is the board of a school district, a denial of an application under this section may be appealed to the Department of Education.
If any assets remain after satisfying any outstanding payroll obligations and debts, the remaining assets of the charter school must be forwarded to the state treasurer for deposit in the general fund.
Overstrikes indicate deleted language.
26.25.35 12 218 If any assets remain after satisfying any outstanding payroll obligations and debts, the remaining assets of the charter school must be forwarded to the state treasurer for deposit in the general fund.
Overstrikes indicate deleted language.
A charter school established in accordance with this chapter may, independently of its authorizing entity:
26.25.34 12 218 A charter school established in accordance with this chapter may, independently of its authorizing entity:
Section 23.
Overstrikes indicate deleted language.
26.25.35 13 218 Section 23.
Overstrikes indicate deleted language.
An employee of a charter school is not an employee of the school district in which the charter school is located.
26.25.34 13 218 An employee of a charter school is not an employee of the school district in which the charter school is located.
If the number of new students in the groups receiving preference does not exceed the capacity of the program, class, or grade level remaining after all of the groups receiving preference have been enrolled, any remaining opening must be selected by lottery.
If the number of new students in the groups receiving preference does not exceed the capacity of the program, class, or grade level remaining after all of the groups Overstrikes indicate deleted language.
26.25.35 14 218 receiving preference have been enrolled, any remaining opening must be selected by lottery.
Overstrikes indicate deleted language.
No student may be denied admission based on the student's academic status, athletic ability, ethnicity, familial status, gender, income, national origin, race, religion, or special needs.
26.25.34 14 218 No student may be denied admission based on the student's academic status, athletic ability, ethnicity, familial status, gender, income, national origin, race, religion, or special needs.
The school district in which a charter school is located shall forward to the charter school an amount equal to the per student equivalent, as calculated in accordance with § 13-13-10.1, multiplied by the number of students enrolled in the charter school.
Overstrikes indicate deleted language.
26.25.35 15 218 The school district in which a charter school is located shall forward to the charter school an amount equal to the per student equivalent, as calculated in accordance with § 13-13-10.1, multiplied by the number of students enrolled in the charter school.
Overstrikes indicate deleted language.
The amount payable to a charter school in the first year of operation of the charter school is based on the projections for initial-year enrollment set forth in the charter school application.
26.25.34 15 218 The amount payable to a charter school in the first year of operation of the charter school is based on the projections for initial-year enrollment set forth in the charter school application.
A charter school is a local education agency for the purpose of receiving funding for special education services, if the Department of Education is the authorizing entity of the charter school.
Overstrikes indicate deleted language.
26.25.35 16 218 A charter school is a local education agency for the purpose of receiving funding for special education services, if the Department of Education is the authorizing entity of the charter school.
Underscores indicate new language.
View plain text versions (4)

Action History

  1. Senate Reconsidered , Passed, YEAS 17, NAYS 16 S.J. 339

  2. Intent to reconsider , Passed, S.J. 315

  3. Senate Do Pass Amended , Passed, YEAS 17, NAYS 17 S.J. 314

  4. Senate Motion to amend , Passed, S.J. 314 Amendment 218C

  5. Education Do Pass Amended , Passed, YEAS 4, NAYS 3 S.J. 13

  6. Education Motion to amend , Passed, S.J. 13 Amendment 218A

  7. Scheduled for hearing

  8. First read in Senate and referred to Senate Education S.J. 179

Sponsors

Sponsorship breakdown

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22 sponsors · 0 co-sponsors · 83 not signed on · 16 voted No

Sponsors (22)

Co-sponsors (0)

None.

Not signed on (83)

83 members have not signed on to this bill.

Show all 83 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Reconsidered

Passed 17 Yea · 16 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 161302
Democratic 1200
Unaffiliated 0100
Total 171602
% of votes cast 49%46%0%6%
How each member voted (35)
Member Party Vote
Otten — Nay
Jamie Smith Democratic Nay
Liz Larson Democratic Nay
Red Dawn Foster Democratic Yea
Amber Hulse Republican Nay
Arch Beal Republican Not Voting
Brandon Wipf Republican Nay
Carl Perry Republican Yea
Casey Crabtree Republican Nay
Chris Karr Republican Not Voting
Curt Voight Republican Yea
Glen Vilhauer Republican Nay
Greg Blanc Republican Yea
Helene Duhamel Republican Nay
Jim Mehlhaff Republican Yea
John Carley Republican Yea
Joy Hohn Republican Yea
Kevin Jensen Republican Yea
Kyle Schoenfish Republican Nay
Larry Zikmund Republican Nay
Lauren Nelson Republican Yea
Mark Lapka Republican Yea
Michael Rohl Republican Nay
Mykala Voita Republican Yea
Paul Miskimins Republican Nay
Randy Deibert Republican Yea
Sam Marty Republican Yea
Stephanie Sauder Republican Nay
Steve Kolbeck Republican Nay
Sue Peterson Republican Yea
Sydney Davis Republican Nay
Taffy Howard Republican Yea
Tamara Grove Republican Yea
Tim Reed Republican Nay
Tom Pischke Republican Yea

Official roll call →

Do Pass Amended

Failed 17 Yea · 17 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 161401
Democratic 1200
Unaffiliated 0100
Total 171701
% of votes cast 49%49%0%3%
How each member voted (35)
Member Party Vote
Otten — Nay
Jamie Smith Democratic Nay
Liz Larson Democratic Nay
Red Dawn Foster Democratic Yea
Amber Hulse Republican Yea
Arch Beal Republican Not Voting
Brandon Wipf Republican Nay
Carl Perry Republican Nay
Casey Crabtree Republican Nay
Chris Karr Republican Yea
Curt Voight Republican Yea
Glen Vilhauer Republican Nay
Greg Blanc Republican Yea
Helene Duhamel Republican Nay
Jim Mehlhaff Republican Yea
John Carley Republican Yea
Joy Hohn Republican Yea
Kevin Jensen Republican Yea
Kyle Schoenfish Republican Nay
Larry Zikmund Republican Nay
Lauren Nelson Republican Yea
Mark Lapka Republican Yea
Michael Rohl Republican Nay
Mykala Voita Republican Yea
Paul Miskimins Republican Nay
Randy Deibert Republican Nay
Sam Marty Republican Yea
Stephanie Sauder Republican Nay
Steve Kolbeck Republican Nay
Sue Peterson Republican Yea
Sydney Davis Republican Nay
Taffy Howard Republican Yea
Tamara Grove Republican Yea
Tim Reed Republican Nay
Tom Pischke Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 218?
SB 218 is sponsored by Curt Voight (Republican), Bethany Soye (Republican), Kathy Rice (Republican), Tom Pischke (Republican), Carl Perry (Republican), Jim Mehlhaff (Republican), Logan Manhart (Republican), Tony Kayser (Republican), Dylan Jordan (Republican), Phil Jensen (Republican), Jana Hunt (Republican), Taffy Howard (Republican), Joy Hohn (Republican), Tamara Grove (Republican), Josephine Garcia (Republican), Greg Blanc (Republican), Heather Baxter (Republican), Aaron Aylward (Republican), Julie Auch (Republican), Bobbi Andera (Republican), Tesa Schwans (Republican), and Lauren Nelson (Republican).
What is the current status of SB 218?
This bill is in committee in the Senate. Introduced February 04, 2026. It must pass committee before a floor vote.
Where can I track SB 218?
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