State of South Dakota  

479T0491   SENATE EDUCATION ENGROSSED    NO.  SB 130 -  2/10/2012  
This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor.
Introduced by:    Senators Lederman, Adelstein, Gray, Schlekeway, and Sutton and Representative Sly

        FOR AN ACT ENTITLED, An Act to require the school board of each school district to adopt a policy prohibiting bullying.
    Section 1. If a school district does not have a bullying policy, the school district shall adopt a bullying policy that meets the requirements of this Act. If the school district already has a bullying policy in place, the school board shall review and, if necessary, revise the policy so that it meets the requirements of this Act.
    Section 2. Bullying is the causing of physical hurt or psychological distress on one or more students that may involve threat, 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;
            (2)    Substantially interferes with a student's educational performance; or
            (3)    Substantially disrupts the orderly operation of a school.
    For the purposes of this Act, bullying also includes retaliation against a student for asserting or alleging an act of bullying.
    Section 3. Each school district policy developed pursuant to this Act shall contain the following provisions:
            (1)    A statement prohibiting bullying, and a definition of bullying that includes the definition in section 2 of this Act; and
            (2)    A statement that all students are protected with no mention of any protected classes of students.
    Section 4. Any school district employee, school volunteer, student, or parent who promptly reports in good faith an act of bullying to the appropriate school district official as designated in the school district's policy, and who makes the report in compliance with the provisions of the school district's policy is immune from any cause of action for damages arising from failure to remedy the reported incident.
    Section 5. 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 initiated pursuant to this Act.