State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
This bill has been extensively amended (hoghoused) and may no longer be consistent
with the original intention of the sponsor.
SENATE EDUCATION ENGROSSED NO. SB 130 - 2/10/2012
Introduced by: Senators Lederman, Adelstein, Gray, Schlekeway, and Sutton and
FOR AN ACT ENTITLED, An Act to require the school board of each school district to adopt
a policy prohibiting bullying.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
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
(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
(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
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.