SB 218 — provide for the establishment of charter schools.
Last action — Senate Reconsidered , Passed, YEAS 17, NAYS 16 S.J. 339
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
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 chanceBased 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
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In Committee
Current position in the legislative process.
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22 sponsors
22 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (22 R).
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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 removed483 line(s) added, 475 removed.
26.25.3426.25.35 101st Legislative Session 218 South Dakota Legislature Senate Bill 218 SENATE EDUCATION ENGROSSED Introduced by:
(3) ProvideOperate a comprehensivephysical programstructure ofwhere instructionthe forschool atprovides leastin-person oneacademic gradeinstruction, betweenextracurricular kindergartenactivities, and gradeother twelve,functions inclusive;associated with the educational program offered by the charter school;
(4) FollowProvide thea samecomprehensive operationalprogram termof asinstruction provided for inat §least 13-26-2;one grade between kindergarten and grade twelve, inclusive;
(5) Follow allthe applicablesame stateoperational andterm federalas lawsprovided governingfor thein provision§ of13-26-2; education to children with disabilities;
(6) Provide for the measurement of student progress in a manner required by the Department of Education;
26.25.3426.25.35 2 218 (7)(6) BeFollow subjectall toapplicable thestate same student assessment and accountabilityfederal requirementslaws applicablegoverning to school districts in this state, except that nothing prevents the schoolprovision fromof establishingeducation additionalto assessmentschildren andwith requirementsdisabilities; that exceed those applicable under state law;
(8)(7) ReportProvide educationalfor datathe andmeasurement preserveof educationalstudent financialprogress records in thea same manner asrequired aby schoolthe districtDepartment pursuantof toEducation; §§ 13-3-51 to 13-3-51.6, inclusive;
(9)(8) MaintainBe accountingsubject to the same student assessment and financialaccountability functionsrequirements applicable to school districts in this state, except that arenothing separateprevents the school from establishing additional assessments and requirements that exceed those ofapplicable theunder authorizingstate entity;law;
(10)(9) MaintainReport educational data and preserve educational financial records in the same manner as a riskschool managementdistrict andpursuant insuranceto program;§§ 13-3-51 to 13-3-51.6, inclusive;
and(10) (11)Maintain Useaccounting theand samefinancial standardsfunctions asthat thoseare establishedseparate forfrom thethose education of studentsthe inauthorizing aentity; school district.
(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)Overstrikes Anindicate assessmentdeleted oflanguage. 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;
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;
OverstrikesSection indicate4. deleted language.
26.25.34 3 218 Section 4.
(8)Overstrikes Theindicate anticipateddeleted enrollmentlanguage. of the charter school;
26.25.35 4 218 (8) The anticipated enrollment of the charter school;
Overstrikes(13) indicatePersonnel deletedpolicies language.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 mayOverstrikes askindicate questionsdeleted oflanguage. or request revisions from the applicant throughout the review period.
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 Overstrikesapplication indicateto deletedestablish language.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.
SectionOverstrikes 8.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 Overstrikesschool. indicate deleted language.
26.25.34 6 218 school.
IfOverstrikes anyindicate ofdeleted thelanguage. 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.
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.
OverstrikesA indicatesingle deletednonprofit language.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)Overstrikes Theindicate contractdeleted islanguage. revoked pursuant to section 19 of this Act.
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 Overstrikesthe indicateperformance deletedframework language.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 ongoingOverstrikes monitoringindicate anddeleted evaluation,language. 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.
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 Overstrikesschool indicateto deletedtake language.action to rectify the unsatisfactory performance or legal compliance of the charter school.
Show all 68 changed lines (28 more)
26.25.34 9 218 school to take action to rectify the unsatisfactory performance or legal compliance of the charter school.
(a)Overstrikes Theindicate performancedeleted framework,language. established pursuant to subdivision (1) of section 9 of this Act;
26.25.35 10 218 (a) The performance framework, established pursuant to subdivision (1) of section 9 of this Act;
Overstrikes(d) indicateThe deletedadministrative language.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)Overstrikes Engagedindicate indeleted alanguage. material breach of the contract or a substantial violation of this chapter;
26.25.35 11 218 (1) Engaged in a material breach of the contract or a substantial violation of this chapter;
OverstrikesIf indicatethe deletedauthorizing language.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.
IfOverstrikes anyindicate assetsdeleted remainlanguage. 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.
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.
OverstrikesA indicatecharter deletedschool language.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:
SectionOverstrikes 23.indicate deleted language.
26.25.35 13 218 Section 23.
OverstrikesAn indicateemployee deletedof language.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 receivingOverstrikes preferenceindicate havedeleted beenlanguage. enrolled, any remaining opening must be selected by lottery.
26.25.35 14 218 receiving preference have been enrolled, any remaining opening must be selected by lottery.
OverstrikesNo indicatestudent deletedmay language.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.
TheOverstrikes schoolindicate districtdeleted inlanguage. 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.
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.
OverstrikesThe indicateamount deletedpayable language.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.
AOverstrikes charterindicate schooldeleted islanguage. 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.
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.
Show all 68 changed rows (28 more)
View plain text versions (4)
- Engrossed Senate Education Engrossed Current pdf February 17, 2026
- Introduced View text pdf February 03, 2026
- 218A View text pdf
- 218C View text pdf
Action History
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Senate Reconsidered , Passed, YEAS 17, NAYS 16 S.J. 339
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Intent to reconsider , Passed, S.J. 315
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Senate Do Pass Amended , Passed, YEAS 17, NAYS 17 S.J. 314
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Senate Motion to amend , Passed, S.J. 314 Amendment 218C
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Education Do Pass Amended , Passed, YEAS 4, NAYS 3 S.J. 13
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Education Motion to amend , Passed, S.J. 13 Amendment 218A
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Scheduled for hearing
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First read in Senate and referred to Senate Education S.J. 179
Sponsors
- Curt Voight · Primary
- Bethany Soye · Primary
- Kathy Rice · Primary
- Tom Pischke · Primary
- Carl Perry · Primary
- Jim Mehlhaff · Primary
- Logan Manhart · Primary
- Tony Kayser · Primary
- Dylan Jordan · Primary
- Phil Jensen · Primary
- Jana Hunt · Primary
- Taffy Howard · Primary
- Joy Hohn · Primary
- Tamara Grove · Primary
- Josephine Garcia · Primary
- Greg Blanc · Primary
- Heather Baxter · Primary
- Aaron Aylward · Primary
- Julie Auch · Primary
- Bobbi Andera · Primary
- Tesa Schwans · Primary
- Lauren Nelson · Primary
Sponsorship breakdown
Export CSV (upgrade) →22 sponsors · 0 co-sponsors · 83 not signed on · 16 voted No
Sponsors (22)
- Curt Voight Republican
- Bethany Soye Republican
- Kathy Rice Republican
- Tom Pischke Republican
- Carl Perry Republican Voted No
- 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
- Lauren Nelson Republican
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 16 | 13 | 0 | 2 |
| Democratic | 1 | 2 | 0 | 0 |
| Unaffiliated | 0 | 1 | 0 | 0 |
| Total | 17 | 16 | 0 | 2 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 16 | 14 | 0 | 1 |
| Democratic | 1 | 2 | 0 | 0 |
| Unaffiliated | 0 | 1 | 0 | 0 |
| Total | 17 | 17 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 2 | 0 | 0 |
| Democratic | 0 | 1 | 0 | 0 |
| Total | 4 | 3 | 0 | 0 |
| % of votes cast | 57% | 43% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Jamie Smith | Democratic | Nay |
| Curt Voight | Republican | Yea |
| Kyle Schoenfish | Republican | Nay |
| Lauren Nelson | Republican | Yea |
| Sam Marty | Republican | Yea |
| Stephanie Sauder | Republican | Nay |
| Sue Peterson | Republican | Yea |
Subjects
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?
- Track SB 218 free on One Click Politics — get push/email alerts when it moves.
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