Schools that don’t already have a policy prohibiting bullying will have to adopt one, members of the South Dakota House of Representatives decided Tuesday.

The action came on SB 130, an anti-bullying measure that has changed several times during session. In its current form, it contains maximum flexibility for school boards. The House Education committee restored language that explicitly states “nothing in this Act supplants or preempts an existing school district policy.” The language is backed by the Attorney General Marty Jackley, who told members of House Education that local control should be the cornerstone of any anti-bullying policy.

The House-amended version is an improvement over the measure as it passed the Senate, which would have required all districts to revisit bullying policies to ensure they conform to a state-established bullying definition. Senators preferred the mandate.

The measure now returns to the Senate for concurrence, rejection or to determine whether the issue will go into conference committee.

ASBSD supports the House-amended version.

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The move happened as legislators worked to reconcile two separate proposed anti-bullying laws, one proposed by Attorney General Marty Jackley and another advanced by Sen. Dan Lederman, R-Dakota Dunes. The two proposals differed in their approach; one included a clear mandate that applied to all schools and another that affected only schools that did not yet have a policy.

Sen. Bob Gray, R-Pierre, told committee members that he was tired of the issue coming back before legislators every year. He said schools that have yet to adopt a bullying policy haven’t gotten the message, and it was time for the Legislature to require a policy.

The committee adopted an entire rewrite of SB 130, including language that requires schools to adopt by Dec. 1, 2012, a bullying policy that includes a uniform definition of bullying. The law also sets forth minimum requirements that all policies must contain, but leaves details largely up to school board.

Sen. Tim Rave, R-Baltic, said the Legislature has discussed the issue long enough.

“Let’s get this done, get the schools to have a policy, and move on.”

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Members of Senate Education delayed action Tuesday on two separate bullying bills while they weigh whether or not to require all school boards to enact a local policy.

Following a hearing on SB 44, anti-bullying legislation pushed by South Dakota Attorney General Marty Jackley, legislators decided to hold action until Thursday, when Sen. Dan Lederman, R-Dakota Dunes, would be available to answer questions on SB 130, a law that was considered earlier this session. The two bills both address bullying, but differ in their approach.

According to Jackley, SB 44 encourages districts to adopt anti-bullying policies, but doesn’t include a mandate. School boards would have to use a model state policy only if the district doesn’t have a bullying policy in place. The proposal also makes it clear that no state law can intervene in a local district’s efforts to combat bullying.

Senate Bill 130, by contrast, will require local districts to adopt a policy by Dec. 1, 2012. The proposal outlines five broad principles that must be included in a district’s policy, but gives discretion to school boards to determine specific policy details. If passed, school districts would have to revisit policies to ensure they comply with a definition of bullying contained in law.

Lawmakers were concerned by results of a Department of Education survey that indicated that 12 school districts currently don’t have a policy prohibiting bullying. Given the attention paid to bullying in recent years, they questioned whether a law that encourages action will actually lead to district action.

ASBSD has testified in support of both bills.

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South Dakota remains the only state in the nation without a law to prevent bullying in public schools, but that could change if lawmakers back a proposal by South Dakota Attorney General Marty Jackley.

According to SB 44, local school boards would be required to follow a state-established bullying prevention policy if the district does not already have an anti-bullying policy on the books. The measure also codifies a sample model policy, the text of which is nearly identical to ASBSD’s sample policy for public schools.

The bill is lengthy and features several elements that districts are encouraged – not mandated – to follow. The proposed law is flexible - school districts don’t have to do anything if the school board has already adopted a bullying prevention policy. In fact, the second sentence of the measure makes it clear that “Nothing in this Act supplants or preempts an existing school district policy.”

ASBSD supports a state bullying law, provided that the details and implementation are left to local school boards.

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Lawmakers on Thursday morning turned away a measure requiring all school districts to adopt bullying policies.

Members of Senate Education deferred SB 104 to the 41st Legislative Day on a 4-3 vote, effectively killing the legislation for a third year in a row. Legislators who voted against the bill said local schools should be given the full authority to address bullying.

“We’re not hard-hearted,” said Sen. Elizabeth Kraus, R-Rapid City, before voting to kill the measure. “We just truly believe it’s a local control issue.”

Sen. Stan Adelstein, R- Rapid City, told the panel that South Dakota has the highest percentage in the nation of students who commit suicide – something he said the bullying legislation would work to counter. He urged lawmakers to endorse the measure, saying it was a “matter of helping children to stay alive.”

ASBSD supported the bill based on a resolution adopted in November by the ASBSD Delegate Assembly. Representatives from local school boards told ASBSD staff to support legislation that requires local school boards to adopt written bullying prevention policies, provided the legislation gives local school boards flexibility

“Everything in the bill as written adheres to the position our school board members have taken,” said ASBSD Director of Legal Services Bill Engberg.

Representatives from other education organizations lined up against the bill, including lobbyists for school administrators, small schools, mid-sized schools, large schools and Rapid City and Sioux Falls. All opposed the measure on the grounds that it went too far into local decision-making.

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