Bill > SB218

This bill establishes charter schools in South Dakota, defining them as public schools operating under a contract with an "authorizing entity" (either a school district board or the Department of Education) and an independent governing board. Charter schools are generally exempt from state laws and rules governing public schools but must adhere to civil rights, health, and safety requirements, be nonsectarian, provide a comprehensive curriculum, follow state and federal special education laws, measure student progress as required by the Department of Education, and meet state assessment and accountability standards. The Department of Education will report annually on charter school performance, and the department is tasked with creating rules for applications, renewals, reviews, and contract terms. To establish a charter school, a nonprofit corporation must apply to an authorizing entity with a detailed plan covering its mission, structure, governance, finances, and educational objectives, with priority given to applications serving specific student populations or aligning with certain cultural understandings. Authorizing entities have 45 days to review applications, which must be approved or denied in an open meeting. Contracts, initially for five years, will outline performance frameworks, reporting processes, and administrative relationships, and charter schools will be independently accountable for their performance. The bill also details procedures for contract renewal, denial, and revocation, outlines the distribution of assets if a charter school closes, and specifies that charter schools can independently manage their operations, finances, and personnel, with teachers generally required to be certified. School districts are not liable for charter school debts or actions, and charter schools are responsible for their own debts. Admission to charter schools is open to all students, with specific preferences for siblings and at-risk students, and lotteries used to fill remaining spots, ensuring no discrimination. Charter school employees are eligible for the state retirement system, and authorizing entities can charge an administrative fee of up to three percent of the school's funding for oversight. Funding for charter schools will be provided by the local school district based on per-student equivalents and a proportionate share of state aid, local taxes, and federal/state categorical aid programs.

Education

https://sdlegislature.gov/#/Session/Bill/26311