On February 20, the South Dakota Senate considered Senate Bill 218, a measure to authorize publicly funded charter schools in the state. The vote resulted in a 17-17 tie, with Lt. Governor Tony Venhuizen, who was endorsed by the South Dakota Education Association in his previous runs for office, having the authority to break the tie but choosing to abstain. This decision effectively blocked the bill's advancement.

The tie was possible due to the absence of Sen. Arch Beal, R-Sioux Falls, who has been sidelined by a health issue throughout the legislative session. A recent South Dakota Supreme Court ruling had affirmed Venhuizen's constitutional authority to cast tie-breaking votes while presiding over the Senate.

Venhuizen explained his choice, stating, “I think most of the time it makes sense to let the legislative process play out. Senators can move to reconsider and try to find a vote to flip their way and pass it if they want.”

The bill, introduced by Sen. Lauren Nelson, R-Yankton, aimed to provide educational options for students with specialized needs. It had narrowly advanced out of committee on a 4-3 vote earlier in the week.

South Dakota remains one of only three states without laws authorizing charter schools, alongside Nebraska and Vermont.

Gov. Larry Rhoden, who selected Venhuizen as Lt. Governor, recently opted South Dakota into President Trump's new federal school choice tax credit scholarship program.