A plain-English guide to South Dakota’s bullying and cyberbullying law, written for school counselors and other school staff. Start with the summary, then open any section below for the legal details.
Bottom line for counselors: South Dakota requires every school district to have a written bullying policy. The law covers cyberbullying, including off-campus behavior that affects school. Follow your district's reporting and investigation steps and keep careful notes.
South Dakota's bullying law includes 7 of 14 key elements, which Lantern rates limited. Cyberbullying can also be a crime under South Dakota law. State law lets schools discipline students for cyberbullying. There is no statewide school phone rule. South Dakota also has an online-safety law for minors: An Act to require age verification by websites containing material that is harmful to minors, and to provide a penalty therefor, HB1053.
Sources last checked: StopBullying.gov summary reviewed June 4, 2026 · school phone rules checked November 11, 2026 · online-safety tracker updated June 11, 2025.
Lantern · State profile
Limited state protections · 7 of 14 key elements
- Covers cyberbullying Yes
- Reaches off-campus behavior Yes
- District policy required Yes
- Reporting & investigation rules Yes
- Staff training No
- Support for students involved No
- School phone rules No statewide rule
- Online safety laws for minors 1 on the books
What this means for counselors
- Your district is required to have a written bullying policy. Find it, and learn who in your building receives reports.
- State law sets expectations for reporting and investigating bullying. Follow your district's steps and timelines, and keep careful notes.
- Cyberbullying that happens off campus can be addressed when it affects school. Record how the online behavior reached or disrupted school.
- State law does not require staff training, so counselors can lead that work by offering short trainings on cyberbullying for colleagues.
- State law does not spell out a role for parents, so building partnerships with families is up to your school.
- Your state has laws on minors' online safety. They mostly regulate tech companies, but they are useful context when you talk with families.
What South Dakota’s bullying law includes
- Bans bullying outright: included
The law clearly states that bullying is not allowed. - Defines bullying: included
The law spells out what counts as bullying. - Says where the rules apply: included
The law describes where the rules apply, such as school grounds, buses, events, or online. - Names protected groups: not included
The law lists characteristics, such as race or disability, that bullying often targets. - Districts must have a policy: included
Every school district has to adopt a written bullying policy. - Reporting and investigation rules: included
The law sets out how bullying is reported and investigated. - Consequences for bullying: included
The law describes consequences for students who bully. - Policy shared with families: not included
Districts have to tell students, staff, and families about the policy. - Support for students involved: not included
The law calls for protection or support, such as counseling, for students who are involved. - Policies reviewed and updated: not included
District policies have to be reviewed and kept up to date. - Prevention education: not included
The law requires or encourages bullying prevention lessons or programs. - Staff training: not included
The law requires or encourages training for teachers and other staff. - Parent involvement: not included
The law involves parents in preventing or responding to bullying.
Questions and answers about the law
How are bullying and cyberbullying defined in South Dakota anti-bullying laws and regulations?
South Dakota anti-bullying laws include the following definition of bullying:
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:
- Places a student in reasonable fear of harm to his or her person or damage to his or her property; and either
- Substantially interferes with a student’s educational performance; or
- Substantially disrupts the orderly operation of a school.
S.D. Codified Laws § 13-32-15 (2012)
Do South Dakota anti-bullying laws and regulations cover cyberbullying that occurs off-campus?
Yes. South Dakota anti-bullying laws cover off-campus conduct that is committed via computers or electronic devices regardless of time or place.
What are the policy requirements for schools to prevent and respond to bullying behavior?
South Dakota school districts are required to adopt a policy prohibiting bullying. School district policies must contain key policy and procedural elements, including, but not limited to:
- Statements prohibiting bullying;
- Definitions of prohibited behavior that conform to definitions in state law;
- Descriptions of the type of behavior expected from each student;
- Consequences for violations of the policy; and
- Procedures for reporting, investigations, and response.
Do South Dakota anti-bullying laws and regulations include protections for specific groups?
No. There are no specific groups listed under South Dakota anti-bullying laws or regulations. South Dakota anti-bullying laws state that no district policy prohibiting bullying may contain any protected classes of students.
Schools that receive federal funding are required by federal law to address discrimination based on certain personal characteristics. Find out when bullying may be a civil rights violation.
Do South Dakota anti-bullying laws and regulations encourage or require districts to implement bullying prevention programs or strategies?
No. South Dakota anti-bullying laws do not require districts to implement bullying prevention programs or strategies.
Do South Dakota anti-bullying laws and regulations encourage or require districts to train teachers and other school staff on how to prevent or respond to bullying incidents?
No. South Dakota anti-bullying laws do not require districts train teachers and other school staff on how to respond to bullying incidents.
Do South Dakota anti-bullying laws and regulations encourage or require districts to provide safeguards or mental health supports for students involved with bullying?
No. South Dakota anti-bullying laws do not require districts to provide safeguards or mental health supports for students involved with bullying.
Do South Dakota anti-bullying laws and regulations involve parents in efforts to address bullying behavior?
No. South Dakota anti-bullying laws do not create expectations for parent involvement in addressing bullying.
Answers from StopBullying.gov, last reviewed June 4, 2026.
School phone and device rules
No statewide law or policy on student phone use is listed for South Dakota. Districts may still set their own rules.
Source: Ballotpedia, checked November 11, 2026.
Online safety and social media laws for minors
These laws mostly place duties on apps, platforms, and websites, such as age checks, parental consent, or limits on addictive feeds. Several have been challenged in court.
- An Act to require age verification by websites containing material that is harmful to minors, and to provide a penalty therefor, HB1053
In effect: July 1, 2025
Source: Orrick Online Safety Law Tracker, updated June 11, 2025.
Legal citations, explained (6)
Each entry shows what the law or rule is about first, then its official name with abbreviations spelled out.
- Adoption of bullying policy Law passed by the legislature South Dakota Codified Laws Section 13-32-14 Read the text of South Dakota Codified Laws Section 13-32-14
- Bullying defined Law passed by the legislature South Dakota Codified Laws Section 13-32-15 Read the text of South Dakota Codified Laws Section 13-32-15
- Bullying policy requirements Law passed by the legislature South Dakota Codified Laws Section 13-32-16 Read the text of South Dakota Codified Laws Section 13-32-16
- Action for damages from bullying–Immunity for reporting Law passed by the legislature South Dakota Codified Laws Section 13-32-17 Read the text of South Dakota Codified Laws Section 13-32-17
- Incidents involving electronic devices Law passed by the legislature South Dakota Codified Laws Section 13-32-18 Read the text of South Dakota Codified Laws Section 13-32-18
- Model bullying policy Law passed by the legislature South Dakota Codified Laws Section 13-32-19 Read the text of South Dakota Codified Laws Section 13-32-19
Official South Dakota resources
Educational information, not legal advice. Laws change, so confirm with your district and state education department.
Find a school district in South Dakota
Search by ZIP code, select a district on the map, or look one up by name. Each district links to a search for its own bullying policy, since district rules can go further than state law.
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