Lawmakers have yet to bridge the partisan divide on school funding issues, but the House of Representatives showed Monday that Republicans and Democrats can work together on tough policy issues.

Facing opposition from a group of lawmakers concerned the proposal would lead to racial segregation, a bipartisan contingent coalesced to pass legislation allowing the state to create a pilot charter school designed to boost academic outcomes for American Indian students. The plan, found in Senate Bill 63, moved to the governor’s desk on a 49-20 vote.

The legislation allows the state to authorize and oversee a publicly funded private school, provided South Dakota is chosen from the pool of 41 states vying for a federal Race to the Top grants. Authorized by the American Recovery and Reinvestment Act, the competition allows the U.S. Department of Education to hand out more than $4 billion to states that initiate education reforms.

On Monday, all the typical policy issues related to charter schools – privatization, school choice, funding – took a back seat to race.

Rep. Noel Hammiel, R-Mitchell, referenced landmark U.S Supreme Court cases Plessy vs. Ferguson and Brown vs. Board of Education during his five-minute speech against SB 63. He told lawmakers that starting a charter school for American Indian students would amount to racial segregation.

“I don’t know if transporting American Indian kids from around the state to a central location is a good idea,” he said. “I have some concerns about that.”

Rep. Hammiel also cited a recent UCLA study that found that charter school enrollment lacks diversity and is split along economic lines. He cautioned lawmakers against endorsing legislation that he said may make it tougher to bridge the state’s racial divides.

The bill’s supporters acknowledged sharing concerns about segregation. But rather than using race as a reason to vote against the measure, proponents instead focused on the what they said were glaring achievement gaps between American Indian students and their peers.

“What we are doing now for our children on the reservations is not working,” said Rep. Oran Sorensen, D-Dell Rapids. “Maybe we need to have the courage to go one step further.”

The law enabling the creation of the state-run school is contingent upon receiving the federal grant. According to the federal education department, South Dakota can receive up to $75 million if the state’s plan is chosen. South Dakota submitted its application last February, and the U.S. Department of Education will likely announce its first round of selections sometime this week.

South Dakota Education Secretary Tom Oster has openly acknowledged that he doesn’t believe the state will receive the funding.

If the state is awarded the grant, the funds will be used to establish a secondary school that gives enrollment priority to students from federally recognized American Indian tribes. The facility will offer instruction focused on science, technology, engineering and mathematics. The campus will also feature dormitory housing and offer enough classes to allow students to complete two years of college.

The bill now moves onto the governor, who has already given his blessing to the project.