If a school district does not have a bullying policy, the school district shall follow the model bullying policy in § 13-32-19 until such time as the school district adopts its own bullying policy. Nothing in §§ 13-32-14 to 13-32-19, inclusive, supplants or preempts an existing school district policy, except that no school district policy prohibiting bullying, whether it is existing or adopted pursuant to §§ 13-32-14 to 13-32-19, inclusive, may contain any protected classes of students.
South Dakota School Discipline Laws & Regulations: State Model Policies and Implementation Support
South Dakota School Discipline Laws & Regulations: State Model Policies and Implementation Support
Category: Prevention, Behavioral Interventions, and Supports
Subcategory: State Model Policies and Implementation Support
State: South Dakota
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LAWS
§ 13-32-14. Adoption of bullying policy.
§ 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.
§ 13-32-19. Model bullying policy.
The model bullying policy pursuant to §§ 13-32-14 to 13-32-19 is as follows:
Prohibition of harassment, intimidation, and bullying
The School District is committed to maintaining a constructive, safe school climate that is conducive to student learning and fostering an environment in which all students are treated with respect and dignity.
Persistent bullying can severely inhibit a student's ability to learn and may have lasting negative effects on a student's life. The bullying of students by students, staff, or third parties is strictly prohibited and will not be tolerated.
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 that it:
(1) Has the purpose of creating or resulting in an intimidating, hostile, or offensive academic environment; or
(2) Has the purpose or effect of substantially or unreasonably interfering with a student's academic performance which deprives the student access to educational opportunities.
Any staff member observing or suspecting bullying toward another individual is required to report the issue to his or her building supervisor.
This policy is in effect while students are on property within the jurisdiction of the School Board; while students are in school-owned or school-operated vehicles; and while students are attending or engaged in school-sponsored activities.
The District will act to investigate all complaints (formal or informal, verbal or written) of bullying. A formal complaint may be submitted to the building principal. Any student engaging in an act of bullying is subject to discipline pursuant to the District's student discipline procedure.
This policy may not be interpreted to prohibit civil exchange of opinions or debate protected under the state or federal constitutions if the opinion expressed does not otherwise materially or substantially disrupt the education process or intrude upon the rights of others.
REGULATIONS
No relevant regulations found.