Free Legal advice about bullying laws in Maryland
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0199*
HOUSE BILL 199
F1 (8lr0309)
ENROLLED BILL
—Ways and Means/Education, Health, and Environmental Affairs—
Introduced by Delegates Rice, Stein, Kaiser, Riley, Cardin, Elmore, Gilchrist,
Ivey, Stukes, Tarrant, Vaughn, and Walker Walker, Hixson, Doory,
Bartlett, Barve, Frick, George, Howard, Jennings, Krebs, Murphy,
Olszewski, Ross, Serafini, and F. Turner
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning
Public Schools – Bullying and Cyber–Bullying, Harassment, and
Intimidation – Policy and Disciplinary Standards
FOR the purpose of requiring the State Board of Education to establish develop a
certain model policy prohibiting bullying and cyber–bullying bullying,
harassment, and intimidation in schools; requiring that the model policy include
certain information; requiring the State Board to develop a certain student
awareness campaign; requiring the State Board to develop a certain set of
model standards for investigating certain complaints and disciplining certain
individuals; requiring certain model standards to include certain requirements;
requiring certain county boards of education to establish certain local standards
concerning bullying based on certain State model standards policies prohibiting
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bullying, harassment, and intimidation in schools based on the model policy;
requiring certain county boards to publicize certain policies in certain
publications and certain locations; requiring certain county boards to develop
certain educational programs; providing that a school employee that reports a
certain act is not civilly liable under certain circumstances; defining a certain
term terms; and generally relating to policies and standards related to bullying,
harassment, and intimidation in the public schools.
BY repealing and reenacting, with amendments,
Article – Education
Section 7–424
Annotated Code of Maryland
(2006 Replacement Volume and 2007 Supplement)
BY adding to
Article – Education
Section 7–429 7–424.1
Annotated Code of Maryland
(2006 Replacement Volume and 2007 Supplement)
Preamble
WHEREAS, The National Institutes of Health reports that bullying affects
more than 5 million students in grades 6 through 11; and
WHEREAS, According to the United States Department of Health and Human
Services, bullies identified by age 8 are six times more likely to have a criminal
conviction by age 24; and
WHEREAS, The increased use of the Internet by students is presenting new
challenges regarding bullying in schools; and
WHEREAS, Bullying may lead to an increase in absenteeism or the dropout
rate; and
WHEREAS, Maintaining a safe environment in schools is integral to promoting
learning and success in students; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article – Education
7–424.
(a) (1) In this section[,] THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
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(2) “BULLYING, harassment, or intimidation” means INTENTIONAL
conduct, including verbal, PHYSICAL, OR WRITTEN conduct, OR AN INTENTIONAL
ELECTRONIC COMMUNICATION, that:
[(1)] (I) Creates a hostile educational environment by substantially
interfering with a student’s educational benefits, opportunities, or performance, or
with a student’s physical or psychological well–being and is:
[(i)] 1. Motivated by an actual or a perceived personal
characteristic [such as] INCLUDING race, national origin, marital status, sex, sexual
orientation, gender identity, religion, ANCESTRY, PHYSICAL ATTRIBUTES,
SOCIOECONOMIC STATUS, FAMILIAL STATUS, OR PHYSICAL OR MENTAL ABILITY
or disability; or
[(ii)] 2. Threatening or seriously intimidating; and
[(2)] (II) 1. Occurs on school property, at a school activity or
event, or on a school bus[.]; OR
2. SUBSTANTIALLY DISRUPTS THE ORDERLY
OPERATION OF A SCHOOL.
(3) “ELECTRONIC COMMUNICATION” MEANS A COMMUNICATION
TRANSMITTED BY MEANS OF AN ELECTRONIC DEVICE, INCLUDING A
TELEPHONE, CELLULAR PHONE, COMPUTER, OR PAGER.
(b) (1) The Department shall require a county board to report incidents of
BULLYING, harassment, or intimidation against students attending a public school
under the jurisdiction of the county board.
(2) An incident of BULLYING, harassment, or intimidation may be
reported by a student or the parent, guardian, or close adult relative of a student.
(c) (1) The Department shall create a standard victim of BULLYING,
harassment, or intimidation report form.
(2) Each victim of BULLYING, harassment, or intimidation report
form shall:
(i) Identify the victim and the alleged perpetrator, if known;
(ii) Indicate the age of the victim and alleged perpetrator;
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(iii) Describe the incident, including alleged statements made by
the alleged perpetrator;
(iv) Indicate the location of the incident;
(v) Identify any physical injury suffered by the victim and
describe the seriousness and any permanent effects of the injury;
(vi) Indicate the number of days a student is absent from school,
if any, as a result of the incident;
(vii) Identify any request for psychological services initiated by
the victim or the victim’s family due to psychological injuries suffered; and
(viii) Include instructions on how to fill out the form and the
mailing address to where the form shall be sent.
(3) A county board shall distribute copies of the victim of BULLYING,
harassment, or intimidation report form to each public school under the county board’s
jurisdiction.
(d) (1) Each county board shall submit summaries of report forms filed
with the county board to the State Board on or before January 31 each year.
(2) A county board shall delete any information that identifies an
individual.
(e) The information contained in a victim of BULLYING, harassment, or
intimidation report form in accordance with subsection (c) of this section:
(1) Is confidential and may not be redisclosed except as otherwise
provided under the Family Education Rights and Privacy Act or this section; and
(2) May not be made a part of a student’s permanent educational
record.
(f) (1) The Department shall submit a report on or before March 31 each
year to the Senate Education, Health, and Environmental Affairs Committee and the
House Ways and Means Committee, in accordance with § 2–1246 of the State
Government Article, consisting of a summary of the information included in the victim
of BULLYING, harassment, or intimidation report forms filed with the county boards
the previous year.
(2) The report submitted by the Department shall include, to the
extent feasible:
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HOUSE BILL 199 5
(i) A description of the act constituting the BULLYING,
harassment, or intimidation;
(ii) The age of the victim and alleged perpetrator;
(iii) The allegation of the alleged perpetrator’s motive;
(iv) A description of the investigation of the complaint and any
corrective action taken by the appropriate school authorities;
(v) The number of days a student is absent from school, if any,
as a result of the incident; and
(vi) The number of false allegations reported.
7–429.
(A) IN THIS SECTION, “BULLYING” MEANS ANY INTENTIONAL WRITTEN,
VERBAL, OR PHYSICAL ACT, INCLUDING ANY PUBLISHED COMMUNICATION,
THAT HAS THE EFFECT OF:
(1) PHYSICALLY HARMING AN INDIVIDUAL;
(2) DAMAGING AN INDIVIDUAL’S PROPERTY;
(3) SUBSTANTIALLY INTERFERING WITH AN INDIVIDUAL’S
EDUCATION OR LEARNING ENVIRONMENT;
(4) PLACING AN INDIVIDUAL IN REASONABLE FEAR OF HARM TO
THE INDIVIDUAL’S PERSON OR PROPERTY; OR
(5) SUBSTANTIALLY DISRUPTING THE ORDERLY OPERATION OF
THE SCHOOL.
(B) THE STATE BOARD SHALL ESTABLISH A POLICY PROHIBITING
BULLYING IN SCHOOLS.
(C) (1) THE STATE BOARD SHALL DEVELOP MODEL UNIFORM
STANDARDS FOR INVESTIGATING COMPLAINTS OF BULLYING AND DISCIPLINING
INDIVIDUALS WHO HAVE VIOLATED THE BULLYING POLICY ESTABLISHED
UNDER SUBSECTION (B) OF THIS SECTION.
(2) THE STANDARDS ESTABLISHED UNDER PARAGRAPH (1) OF
THIS SUBSECTION SHALL INCLUDE:
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(I) SPECIFIC PENALTIES TO BE APPLIED TO INDIVIDUALS
WHO REPEATEDLY HAVE VIOLATED THE BULLYING POLICY ESTABLISHED
UNDER SUBSECTION (B) OF THIS SECTION;
(II) A REQUIREMENT THAT AN INDIVIDUAL WHO VIOLATES
THE BULLYING POLICY RECEIVE EDUCATIONAL AND THERAPEUTIC SERVICES
CONCERNING BULLYING PREVENTION; AND
(III) A PROCEDURE FOR PROTECTING VICTIMS OF BULLYING
FROM ADDITIONAL INCIDENTS OF BULLYING, HARASSMENT, INTIMIDATION, OR
RETALIATION.
(D) EACH COUNTY BOARD SHALL ESTABLISH LOCAL STANDARDS FOR
INVESTIGATING COMPLAINTS OF BULLYING AND DISCIPLINING INDIVIDUALS
WHO HAVE VIOLATED THE BULLYING POLICY THAT ARE BASED ON THE MODEL
UNIFORM STANDARDS DEVELOPED UNDER SUBSECTION (C) OF THIS SECTION.
7–424.1.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.
(2) “BULLYING, HARASSMENT, OR INTIMIDATION” MEANS
INTENTIONAL CONDUCT, INCLUDING VERBAL, PHYSICAL, OR WRITTEN
CONDUCT, OR AN INTENTIONAL ELECTRONIC COMMUNICATION, THAT:
(I) CREATES A HOSTILE EDUCATIONAL ENVIRONMENT BY
SUBSTANTIALLY INTERFERING WITH A STUDENT’S EDUCATIONAL BENEFITS,
OPPORTUNITIES, OR PERFORMANCE, OR WITH A STUDENT’S PHYSICAL OR
PSYCHOLOGICAL WELL–BEING AND IS:
1. MOTIVATED BY AN ACTUAL OR A PERCEIVED
PERSONAL CHARACTERISTIC INCLUDING RACE, NATIONAL ORIGIN, MARITAL
STATUS, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, RELIGION, ANCESTRY,
PHYSICAL ATTRIBUTE, SOCIOECONOMIC STATUS, FAMILIAL STATUS, OR
PHYSICAL OR MENTAL ABILITY OR DISABILITY; OR
2. THREATENING OR SERIOUSLY INTIMIDATING;
AND
(II) 1. OCCURS ON SCHOOL PROPERTY, AT A SCHOOL
ACTIVITY OR EVENT, OR ON A SCHOOL BUS; OR
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HOUSE BILL 199 7
2. SUBSTANTIALLY DISRUPTS THE ORDERLY
OPERATION OF A SCHOOL.
(3) “ELECTRONIC COMMUNICATION” MEANS A COMMUNICATION
TRANSMITTED BY MEANS OF AN ELECTRONIC DEVICE, INCLUDING A
TELEPHONE, CELLULAR PHONE, COMPUTER, OR PAGER.
(B) (1) BY DECEMBER 1, 2008, MARCH 31, 2009, THE STATE BOARD,
AFTER CONSULTATION WITH AND INPUT FROM LOCAL SCHOOL SYSTEMS, SHALL
DEVELOP A MODEL POLICY PROHIBITING BULLYING, HARASSMENT, OR
INTIMIDATION IN SCHOOLS.
(2) THE MODEL POLICY DEVELOPED UNDER PARAGRAPH (1) OF
THIS SUBSECTION SHALL INCLUDE:
(I) A STATEMENT PROHIBITING BULLYING, HARASSMENT,
AND INTIMIDATION IN SCHOOLS;
(II) A STATEMENT PROHIBITING REPRISAL OR
RETALIATION AGAINST INDIVIDUALS WHO REPORT ACTS OF BULLYING,
HARASSMENT, OR INTIMIDATION;
(III) A DEFINITION OF BULLYING, HARASSMENT, OR
INTIMIDATION THAT IS EITHER THE SAME AS SET FORTH IN SUBSECTION (A)(2)
OF THIS SECTION OR A DEFINITION THAT IS NOT LESS INCLUSIVE THAN THAT
DEFINITION;
(IV) STANDARD CONSEQUENCES AND REMEDIAL ACTIONS
FOR PERSONS COMMITTING ACTS OF BULLYING, HARASSMENT, OR
INTIMIDATION AND FOR PERSONS ENGAGED IN REPRISAL OR RETALIATION;
(V) STANDARD CONSEQUENCES AND REMEDIAL ACTIONS
FOR PERSONS FOUND TO HAVE MADE FALSE ACCUSATIONS;
(VI) MODEL PROCEDURES FOR REPORTING ACTS OF
BULLYING, HARASSMENT, AND INTIMIDATION;
(VII) MODEL PROCEDURES FOR THE PROMPT
INVESTIGATION OF ACTS OF BULLYING, HARASSMENT, AND INTIMIDATION;
(VIII) INFORMATION ABOUT THE TYPES OF SUPPORT
SERVICES AVAILABLE TO THE STUDENT BULLY, VICTIM, AND ANY BYSTANDERS;
AND
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(IX) INFORMATION REGARDING THE AVAILABILITY AND USE
OF THE BULLYING, HARASSMENT, OR INTIMIDATION FORM UNDER § 7–424 OF
THIS SUBTITLE.
(C) THE STATE BOARD SHALL DEVELOP A STUDENT AWARENESS
CAMPAIGN TO PUBLICIZE THE POLICY.
(D) (C) (1) EACH COUNTY BOARD SHALL ESTABLISH A POLICY
PROHIBITING BULLYING, HARASSMENT, OR INTIMIDATION AT SCHOOL BASED
ON THE MODEL POLICY.
(2) THE POLICY SHALL ADDRESS THE COMPONENTS OF THE
MODEL POLICY SPECIFIED IN SUBSECTION (B)(2) OF THIS SECTION.
(3) A COUNTY BOARD SHALL DEVELOP THE POLICY IN
CONSULTATION WITH REPRESENTATIVES OF THE FOLLOWING GROUPS:
(I) PARENTS OR GUARDIANS OF STUDENTS;
(II) SCHOOL EMPLOYEES AND ADMINISTRATORS;
(III) SCHOOL VOLUNTEERS;
(IV) STUDENTS; AND
(V) MEMBERS OF THE COMMUNITY.
(E) (D) EACH COUNTY BOARD SHALL PUBLICIZE ITS POLICY IN
STUDENT HANDBOOKS, SCHOOL SYSTEM WEBSITES, AND ANY OTHER LOCATION
OR VENUE THE COUNTY BOARD DETERMINES IS NECESSARY OR APPROPRIATE.
(F) (E) EACH COUNTY BOARD POLICY SHALL INCLUDE INFORMATION
ON THE PROCEDURE FOR REPORTING INCIDENTS OF BULLYING, HARASSMENT,
OR INTIMIDATION, INCLUDING:
(1) A CHAIN OF COMMAND IN THE REPORTING PROCESS; AND
(2) THE NAME AND CONTACT INFORMATION FOR AN EMPLOYEE
OF THE DEPARTMENT, DESIGNATED BY THE DEPARTMENT, WHO IS FAMILIAR
WITH THE REPORTING AND INVESTIGATION PROCEDURES IN THE APPLICABLE
SCHOOL SYSTEM.
(G) (F) EACH COUNTY BOARD SHALL SUBMIT ITS POLICY TO THE
STATE SUPERINTENDENT BY JULY 1, 2009.
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HOUSE BILL 199 9
(H) (G) EACH COUNTY BOARD SHALL DEVELOP THE FOLLOWING
EDUCATIONAL PROGRAMS IN ITS EFFORTS TO PREVENT BULLYING,
HARASSMENT, AND INTIMIDATION IN SCHOOLS:
(1) AN EDUCATIONAL BULLYING, HARASSMENT, AND
INTIMIDATION PREVENTION PROGRAM FOR STUDENTS, STAFF, VOLUNTEERS,
AND PARENTS; AND
(2) A TEACHER AND ADMINISTRATOR DEVELOPMENT PROGRAM
THAT TRAINS TEACHERS AND ADMINISTRATORS TO IMPLEMENT THE POLICY.
(I) (H) (1) A SCHOOL EMPLOYEE WHO REPORTS AN ACT OF
BULLYING, HARASSMENT, OR INTIMIDATION UNDER THIS SECTION IN
ACCORDANCE WITH THE COUNTY BOARD’S POLICY ESTABLISHED UNDER
SUBSECTION (D) (C) OF THIS SECTION IS NOT CIVILLY LIABLE FOR ANY ACT OR
OMISSION IN REPORTING OR FAILING TO REPORT AN ACT OF BULLYING,
HARASSMENT, OR INTIMIDATION UNDER THIS SECTION.
(2) THE PROVISIONS OF THIS SECTION MAY NOT BE CONSTRUED
TO LIMIT THE LEGAL RIGHTS OF A VICTIM OF BULLYING, HARASSMENT, OR
INTIMIDATION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2008.
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.
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