What are the South Dakota laws and regulations that cover bullying?

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:

(1) Places a student in reasonable fear of harm to his or her person or damage to his or her property; and either

(2) Substantially interferes with a student\u2019s educational performance; or

(3) Substantially disrupts the orderly operation of a school.

S.D. Codified Laws \u00a7 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 on a number of different 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 \u201cSchool Safety\u201d 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 \u201cAnalysis of State Bullying Laws and Policies \u2013 December 2011\u201d (U.S. Department of Education).

Content last updated on June 20, 2017