13-32-15. Bullying defined.
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’s educational performance; or
(3) Substantially disrupts the orderly operation of a school.
For the purposes of §§ 13-32-14 to 13-32-19, inclusive, bullying also includes retaliation against a student for asserting or alleging an act of bullying.
Source: SL 2012, ch 96, § 2.
13-32-16. Bullying policy requirements.
Each school district policy developed pursuant to §§ 13-32-14 to 13-32-19, inclusive, shall contain the following provisions:
(1) A statement prohibiting bullying and a definition of bullying that includes the definition listed in § 13-32-15;
(2) A description of the type of behavior expected from each student of the school district, and the consequences for a student of the school district who commits an act of bullying;
(3) A procedure for reporting an act of bullying, including provisions that permit a person to anonymously report such an act, although formal disciplinary action may not be based solely on an anonymous report; and
(4) A procedure for the prompt investigation and response to any report of bullying, including a requirement that an investigation be conducted on any alleged incident of bullying committed against a child while the child is aboard a school bus, at a school bus stop, or at a school-sponsored event.
Bullying law signed by the Governor on March 22, 2012. “Bullying consists of repeated physical, verbal, non-verbal, written, electronic, or any conduct directed toward a student that is so pervasive, severe, and objectively offensive …” “Neither the physical location nor the time of day of any incident involving the use of computers or other electronic devices is a defense to any disciplinary action taken by a school district for conduct determined to meet the definition of bullying in section 2 of this Act.”
Adoption of a bullying policy: http://www.sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=13-32-14
Bullying defined: http://www.sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=13-32-15
Bullying policy requirements: http://www.sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=13-32-16
Action for damages from bullying – immunity from reporting: http://www.sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=13-32-17
Incidents involving electronic devices: http://www.sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=13-32-18
Model bullying policy: http://www.sdlegislature.gov/statutes/DisplayStatute.aspx?Type=Statute&Statute=13-32-19
Criminal electronic harassment: http://sdlegislature.gov/statutes/DisplayStatute.aspx?Statute=49-31-31&Type=Statute
