Education (School Choice)

SB 218 establishes a legal framework for charter schools in South Dakota. It defines charter schools as public schools operating under contracts with school districts or the state education department, granting them exemptions from most state education laws while requiring compliance with civil rights, health/safety rules, and standardized testing. The bill mandates annual performance reporting to the state, outlines application requirements for nonprofit organizers (including community support and financial plans), and specifies that charter schools must serve grades K-12 nonsectarianly without religious instruction. This directly affects school districts (as authorizing entities), nonprofit organizers seeking to open charter schools, and students enrolled in these schools.

HB 1306 allows South Dakota residents to make charitable contributions to scholarship granting organizations (SGOs) that provide funds for eligible students. Eligible students must be South Dakota residents under 19, from households earning no more than 300% of the area median income, and not enrolled full-time in public school. Scholarships can cover tuition at private schools or microschools, educational materials, technology, transportation to school, and college entrance exams, but cannot exceed 82.5% of the state’s per-student funding level. SGOs must register with the Education Department, spend no more than 10% of contributions on administration, and submit annual financial reports detailing scholarship distribution.

HB 1168 creates a property tax credit for South Dakota homeowners who pay for qualifying K-12 education expenses for children aged 5-19. The credit covers tuition, school fees (including sports/fine arts), textbooks, tutoring, test fees, transportation, and educational technology. It limits the credit to $1,000 per year or 80% of the school district taxes owed. Homeowners must apply annually by June 1st with documentation from the school or alternative instruction provider.

SB 187 defines "nonpublic school" in South Dakota law as an institution operated by individuals or groups (not publicly elected boards) that teaches math and English fundamentals to children of compulsory school age, with English instruction focused on mastery. The bill specifies that such schools may limit enrollment, charge tuition, receive grants or services from school districts, but cannot claim geographic territory for tax revenue or receive state education aid under Chapter 13-13. It also clarifies that nonpublic schools are not required to be accredited or have certified teachers. This definition applies to all nonpublic schools in South Dakota, establishing their legal boundaries for funding and operations.

SB 84 increases the income threshold for students to qualify for South Dakota's Partners in Education scholarship program. It raises the initial income requirement from 152% to a higher percentage of the national free/reduced-price lunch income standard (currently 152% for initial eligibility), directly affecting low-income students seeking tuition assistance at participating nonpublic schools. The bill maintains that students who qualify initially remain eligible for three years or until high school graduation without income checks, but must later meet a 250% income threshold to renew. This change expands access to the scholarship program by allowing more households to qualify under the new higher income cap.

HB 1206 clarifies that parents, guardians, or caregivers who have filed a notification of "alternative instruction" with South Dakota's Department of Education or school district cannot use state public funds (as defined in §4-4-2) to pay for a child's education. The bill directly affects families utilizing alternative education arrangements who have submitted the required notification. It prohibits these individuals from accessing state education funds for their child's schooling if the notification is on file. This policy change specifically restricts the use of public funds for alternative instruction methods already documented with education authorities.