South Dakota - Bullying Policy Reporting and Investigations: Policy or Plan Requirements

Policy Or Plan Requirements
Policy Type: 

State law requires districts to adopt anti-bullying policies addressing some U.S. Department of Education-recommended policy requirements.

South Dakota Codified Laws 13-32-17 Action for damages from bullying

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. Moreover, the provisions of §§13-32-14 to 13-32-19, inclusive, do not create a cause of action against any school district, school district employee, school volunteer, student, or parent unless there has been substantial noncomplaince with the school district’s policy resulting in injury to a protected person.

South Dakota Codified Laws 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:
(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.

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