Components of State Anti-Bullying Laws and Regulations
| Component | Included |
|---|---|
| Prohibiting statement | Yes |
| Definition | Yes |
| Scope | Yes |
| Protected groups | No |
| District policy requirement | Yes |
| Reporting and investigations | Yes |
| Consequences | Yes |
| Communication of policy | No |
| Safeguards and supports | No |
| Review and update of local policies | No |
| Prevention education | No |
| Staff training | No |
| Parent engagement | No |
Which South Dakota laws and regulations cover bullying?
- South Dakota Codified Laws §13-32-14. Adoption of bullying policy
- South Dakota Codified Laws §13-32-15. Bullying defined
- South Dakota Codified Laws §13-32-16. Bullying policy requirements
- South Dakota Codified Laws §13-32-17. Action for damages from bullying--Immunity for reporting
- South Dakota Codified Laws §13-32-18. Incidents involving electronic devices
- South Dakota Codified Laws §13-32-19. Model bullying policy
How are bullying and cyberbullying defined in South Dakota anti-bullying laws and regulations?
South Dakota anti-bullying laws include the following definition of bullying:
Bullying is a pattern of repeated conduct that causes physical hurt or psychological distress on one or more students that may include threats, intimidation, stalking as defined in chapter 22-19A, physical violence, theft, destruction of property, any threatening use of data or computer software, written or verbal communication, or conduct directed against a student that:
- Places a student in reasonable fear of harm to his or her person or damage to his or her property; and either
- Substantially interferes with a student’s educational performance; or
- Substantially disrupts the orderly operation of a school.
S.D. Codified Laws § 13-32-15 (2012)
Do South Dakota anti-bullying laws and regulations cover cyberbullying that occurs off-campus?
Yes. South Dakota anti-bullying laws cover off-campus conduct that is committed via computers or electronic devices regardless of time or place.
What are the policy requirements for schools to prevent and respond to bullying behavior?
South Dakota school districts are required to adopt a policy prohibiting bullying. School district policies must contain key policy and procedural elements, including, but not limited to:
- Statements prohibiting bullying;
- Definitions of prohibited behavior that conform to definitions in state law;
- Descriptions of the type of behavior expected from each student;
- Consequences for violations of the policy; and
- Procedures for reporting, investigations, and response.
Do South Dakota anti-bullying laws and regulations include protections for specific groups?
No. There are no specific groups listed under South Dakota anti-bullying laws or regulations. South Dakota anti-bullying laws state that no district policy prohibiting bullying may contain any protected classes of students.
Schools that receive federal funding are required by federal law to address discrimination based on certain personal characteristics. Find out when bullying may be a civil rights violation.
Do South Dakota anti-bullying laws and regulations encourage or require districts to implement bullying prevention programs or strategies?
No. South Dakota anti-bullying laws do not require districts to implement bullying prevention programs or strategies.
Do South Dakota anti-bullying laws and regulations encourage or require districts to train teachers and other school staff on how to prevent or respond to bullying incidents?
No. South Dakota anti-bullying laws do not require districts train teachers and other school staff on how to respond to bullying incidents.
Do South Dakota anti-bullying laws and regulations encourage or require districts to provide safeguards or mental health supports for students involved with bullying?
No. South Dakota anti-bullying laws do not require districts to provide safeguards or mental health supports for students involved with bullying.
Do South Dakota anti-bullying laws and regulations involve parents in efforts to address bullying behavior?
No. South Dakota anti-bullying laws do not create expectations for parent involvement in addressing bullying.
For More Information
Visit the South Dakota Department of Education’s “School Safety” webpage and/or view the South Dakota state model policy on harassment, intimidation, and bullying.
The key component framework used in the analysis of state laws is based on the review of legislation presented in the “Analysis of State Bullying Laws and Policies – December 2011” (U.S. Department of Education).