Text of MD HB 1334 (2010)
Nonpublic Schools - Bullying, Harassment, and Intimidation - Policies
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As introduced
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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1334*
HOUSE BILL 1334
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0lr3146
By: Delegates Rice, Stein, Barkley, Bartlett, Dumais, Feldman, Frick,
Gutierrez, Hucker, Montgomery, Myers, Ross, Tarrant, Taylor, and
Walker
Introduced and read first time: February 18, 2010
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning
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Nonpublic Schools – Bullying Policies – Compliance
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FOR the purpose of providing that certain provisions of law regarding the
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development of a certain bullying, harassment, and intimidation policy apply to
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nonpublic schools that accept certain State money; providing that certain
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provisions of law do not apply to nonpublic schools that accept State money for
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the placement of students with disabilities in nonpublic programs; and
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generally relating to bullying policies in nonpublic schools.
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BY repealing and reenacting, with amendments,
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Article – Education
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Section 7–424.1
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Annotated Code of Maryland
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(2008 Replacement Volume and 2009 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
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MARYLAND, That the Laws of Maryland read as follows:
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Article – Education
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7–424.1.
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(a)
(1)
In this section the following words have the meanings indicated.
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(2)
“Bullying, harassment, or intimidation” means intentional conduct,
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including verbal, physical, or written conduct, or an intentional electronic
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communication, that:
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HOUSE BILL 1334
(i)
Creates a hostile educational environment by substantially
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interfering with a student’s educational benefits, opportunities, or performance, or
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with a student’s physical or psychological well–being and is:
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1.
Motivated by an actual or a perceived personal
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characteristic including race, national origin, marital status, sex, sexual orientation,
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gender identity, religion, ancestry, physical attribute, socioeconomic status, familial
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status, or physical or mental ability or disability; or
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2.
Threatening or seriously intimidating; and
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(ii)
1.
Occurs on school property, at a school activity or
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event, or on a school bus; or
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2.
Substantially disrupts the orderly operation of a
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school.
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(3)
“Electronic communication” means a communication transmitted
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by means of an electronic device, including a telephone, cellular phone, computer, or
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pager.
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(b)
(1)
By March 31, 2009, the State Board, after consultation with and
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input from local school systems, shall develop a model policy prohibiting bullying,
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harassment, or intimidation in schools.
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(2)
The model policy developed under paragraph (1) of this subsection
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shall include:
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(i)
A
statement
prohibiting
bullying,
harassment,
and
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intimidation in schools;
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(ii)
A statement prohibiting reprisal or retaliation against
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individuals who report acts of bullying, harassment, or intimidation;
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(iii)
A definition of bullying, harassment, or intimidation that is
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either the same as set forth in subsection (a)(2) of this section or a definition that is
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not less inclusive than that definition;
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(iv)
Standard consequences and remedial actions for persons
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committing acts of bullying, harassment, or intimidation and for persons engaged in
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reprisal or retaliation;
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(v)
Standard consequences and remedial actions for persons
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found to have made false accusations;
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(vi)
Model procedures for reporting acts of bullying, harassment,
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and intimidation;
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HOUSE BILL 1334
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(vii)
Model procedures for the prompt investigation of acts of
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bullying, harassment, and intimidation;
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(viii) Information about the types of support services available to
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the student bully, victim, and any bystanders; and
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(ix)
Information regarding the availability and use of the
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bullying, harassment, or intimidation form under § 7–424 of this subtitle.
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(c)
(1)
Each county board shall establish a policy prohibiting bullying,
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harassment, or intimidation at school based on the model policy.
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(2)
The policy shall address the components of the model policy
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specified in subsection (b)(2) of this section.
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(3)
A county board shall develop the policy in consultation with
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representatives of the following groups:
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(i)
Parents or guardians of students;
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(ii)
School employees and administrators;
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(iii)
School volunteers;
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(iv)
Students; and
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(v)
Members of the community.
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(d)
Each county board shall publicize its policy in student handbooks, school
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system websites, and any other location or venue the county board determines is
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necessary or appropriate.
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(e)
Each county board policy shall include information on the procedure for
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reporting incidents of bullying, harassment, or intimidation, including:
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(1)
A chain of command in the reporting process; and
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(2)
The name and contact information for an employee of the
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Department, designated by the Department, who is familiar with the reporting and
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investigation procedures in the applicable school system.
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(f)
Each county board shall submit its policy to the State Superintendent by
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July 1, 2009.
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(g)
Each county board shall develop the following educational programs in its
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efforts to prevent bullying, harassment, and intimidation in schools:
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HOUSE BILL 1334
(1)
An educational bullying, harassment, and intimidation prevention
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program for students, staff, volunteers, and parents; and
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(2)
A teacher and administrator development program that trains
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teachers and administrators to implement the policy.
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(h)
(1)
A school employee who reports an act of bullying, harassment, or
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intimidation under this section in accordance with the county board’s policy
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established under subsection (c) of this section is not civilly liable for any act or
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omission in reporting or failing to report an act of bullying, harassment, or
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intimidation under this section.
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(2)
The provisions of this section may not be construed to limit the
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legal rights of a victim of bullying, harassment, or intimidation.
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(I)
(1)
EXCEPT
AS
PROVIDED
IN
PARAGRAPH
(2)
OF
THIS
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SUBSECTION, THIS SECTION APPLIES TO NONPUBLIC SCHOOLS THAT ACCEPT
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MONEY FROM THE STATE.
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(2)
THIS SECTION DOES NOT APPLY TO NONPUBLIC SCHOOLS
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THAT ACCEPT MONEY FOR THE PLACEMENT OF STUDENTS WITH A DISABILITY IN
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A NONPUBLIC PROGRAM.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
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July 1, 2010.
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