South Dakota 2026 Regular Session Status: In Committee Bipartisan · 5 D · 1 R cosponsors

HB 1098 — amend certain provisions pertaining to special education funding.

Last action — Committee on Appropriations Deferred to the 41st legislative day , Passed, YEAS 8, NAYS 1

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

This bill is in committee in the House. Introduced January 20, 2026. It must pass committee before a floor vote.

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

Odds of enactment

Low chance

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

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

Prognosis

Likely to advance 62% · high confidence

  • In Committee

    Current position in the legislative process.

  • 6 sponsors

    6 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (5 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 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

23 added · 29 removed

Plain-language change summary

The recent amendments to Bill HB 1098 focus on improving early intervention services for students in grades K-12 who may need extra support but are not currently recognized as requiring special education. The changes add specific provisions that allow up to fifteen percent of local funding to be used for these services, which include professional development for teachers and behavioral evaluations. This matters because it aims to help more students succeed in a general education setting and potentially avoid the need for special education designation in the future. Additionally, the previous requirement for annual increases in special education funding was removed, which may affect future funding stability.

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1098A 101st Legislative Session 1098 South Dakota Legislature House Bill 1098 AMENDMENT 1098A FOR THE INTRODUCED BILL Introduced by:
26.563.16 101st Legislative Session 1098 South Dakota Legislature House Bill 1098 Introduced by:
B E IT ENACTED BY THE L EGISLATURE OF THE STATE OF SOUTH D AKOTA :
B E IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH D AKOTA :
1098A 2 1098 (8) "Allocation for a student with a level one disability," for the school fiscal year beginning July 1, 2025, is $7,650.45.
26.563.16 2 1098 (8) "Allocation for a student with a level one disability," for the school fiscal year beginning July 1, 2025, is $7,650.45.
1098A 3 1098 (15) "Nonpublic school," a sectarian organization or entity accredited by the secretary of education for the purpose of instructing children of compulsory school age.
26.563.16 3 1098 (15) "Nonpublic school," a sectarian organization or entity accredited by the secretary of education for the purpose of instructing children of compulsory school age.
1098A 4 1098 (f) Multiply the number of students having a level six disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level six disability;
26.563.16 4 1098 (f) Multiply the number of students having a level six disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level six disability;
1098A 5 1098 (6) "Level 1 disability," a mild disability that affects a student's learning, thinking, or daily functioning but allows for significant independence when the student is provided with appropriate accommodation or support;
26.563.16 5 1098 (6) "Level 1 disability," a mild disability that affects a student's learning, thinking, or daily functioning but allows for significant independence when the student is provided with appropriate accommodation or support;
1098A 6 1098 (f) For students with a level 6 disability, multiplying $11,838.15 by the number of students reported to have a level 6 disability on the child count for the previous school fiscal year;
26.563.16 6 1098 (f) For students with a level 6 disability, multiplying $11,838.15 by the number of students reported to have a level 6 disability on the child count for the previous school fiscal year;
1098A 7 1098 (c) The amount set aside for the South Dakota School for the Blind and Visually Impaired.
26.563.16 7 1098 (c) The amount set aside for the South Dakota School for the Blind and Visually Impaired.
Beginning July 1, 2026, and every year thereafter, the amount of money allocated to provide special education or special education and related services to each student in each level of disability, pursuant to subsections (13)(a) to (13)(f), inclusive, must be increased by the index factor.
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Action History

  1. Committee on Appropriations Deferred to the 41st legislative day , Passed, YEAS 8, NAYS 1

  2. Scheduled for hearing H.J. 1

  3. Fiscal Note Requested , Passed,

  4. Committee on Appropriations Motion to amend , Passed, Amendment 1098A

  5. Scheduled for hearing

  6. Scheduled for hearing H.J. 1

  7. Referred to , Passed, House Committee on Appropriations YEAS 8, NAYS 6 H.J. 4

  8. Scheduled for hearing

  9. Referred to House Education H.J. 105

  10. First Reading House H.J. 52

Sponsors

Sponsorship breakdown

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6 sponsors · 0 co-sponsors · 99 not signed on · 6 voted No

Sponsors (6)

Co-sponsors (0)

None.

Not signed on (99)

99 members have not signed on to this bill.

Show all 99 →

"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

Deferred to the 41st legislative day

Passed 8 Yea · 1 Nay
Party YeaNayPresentNot Voting
Republican 7000
Unaffiliated 1000
Democratic 0100
Total 8100
% of votes cast 89%11%0%0%
How each member voted (9)
Member Party Vote
Kolbeck (Jack) — Yea
Erik Muckey Democratic Nay
Al Novstrup Republican Yea
Chris Kassin Republican Yea
John Sjaarda Republican Yea
Julie Auch Republican Yea
Mike Derby Republican Yea
Scott Moore Republican Yea
Terri Jorgenson Republican Yea

Official roll call →

Referred to

Passed 8 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 8501
Democratic 0100
Total 8601
% of votes cast 53%40%0%7%
How each member voted (15)
Member Party Vote
Nicole Uhre-Balk Democratic Nay
Amber Arlint Republican Nay
Dylan Jordan Republican Yea
Heather Baxter Republican Yea
Jim Halverson Republican Nay
Josephine Garcia Republican Yea
Kathy Rice Republican Yea
Lana Greenfield Republican Yea
Liz May Republican Not Voting
Logan Manhart Republican Yea
Mellissa Heermann Republican Nay
Mike Stevens Republican Nay
Roger DeGroot Republican Nay
Tesa Schwans Republican Yea
Travis Ismay Republican Yea

Official roll call →

Subjects

education
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 HB 1098?
HB 1098 is sponsored by Erik Muckey (Democratic), Liz Larson (Democratic), Erin Healy (Democratic), Tim Goodwin (Republican), Eric Emery (Democratic), and Kadyn Wittman (Democratic).
What is the current status of HB 1098?
This bill is in committee in the House. Introduced January 20, 2026. It must pass committee before a floor vote.
Where can I track HB 1098?
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