Text of MD SB 617 (2011)
Public Schools - Dating Violence - Policy and Disciplinary Standards
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As introduced
14,023 characters
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0617*
SENATE BILL 617
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By: Senator Manno
Introduced and read first time: February 4, 2011
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning
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Public Schools – Dating Violence – Policy and Disciplinary Standards
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FOR the purpose of adding dating violence to provisions of law requiring the reporting
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of incidents of certain other conduct by a county board of education; altering the
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content of a certain form and report, policies, and educational programs to
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include incidents of dating violence; requiring the State Board of Education to
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develop, by a certain date, a certain model policy that includes a prohibition on
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dating violence; altering certain provisions of law granting certain immunity to
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certain school employees; altering certain provisions of law relating to the legal
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rights of certain victims; defining certain terms; and generally relating to dating
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violence in the public schools.
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BY repealing and reenacting, with amendments,
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Article – Education
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Section 7–424 and 7–424.1
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Annotated Code of Maryland
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(2008 Replacement Volume and 2010 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.
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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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SENATE BILL 617
(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 attributes, 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)
“DATING PARTNER” MEANS ANY PERSON, REGARDLESS OF
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GENDER, INVOLVED IN AN INTIMATE RELATIONSHIP WITH ANOTHER THAT IS
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PRIMARILY
CHARACTERIZED
BY
THE
EXPECTATION
OF
AFFECTIONATE
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INVOLVEMENT, WHETHER CASUAL, SERIOUS, OR LONG–TERM.
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(4)
“DATING VIOLENCE” MEANS A PATTERN OF BEHAVIOR IN
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WHICH ONE PERSON USES THE THREATS OF, OR ACTUALLY USES, PHYSICAL,
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SEXUAL, VERBAL, OR EMOTIONAL ABUSE TO CONTROL THE PERSON’S DATING
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PARTNER.
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[(3)] (5)
“Electronic
communication”
means
a
communication
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transmitted by means of an electronic device, including a telephone, cellular phone,
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computer, or pager.
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(b)
(1)
The Department shall require a county board to report incidents of
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bullying, DATING VIOLENCE, harassment, or intimidation against students attending
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a public school under the jurisdiction of the county board.
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(2)
An incident of bullying, DATING VIOLENCE, harassment, or
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intimidation may be reported by:
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(i)
A student;
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(ii)
The parent, guardian, or close adult relative of a student; or
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(iii)
A school staff member.
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(c)
(1)
The Department shall create a standard victim of bullying,
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DATING VIOLENCE, harassment, or intimidation report form.
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SENATE BILL 617
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(2)
Each victim of bullying, DATING VIOLENCE, harassment, or
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intimidation report form shall:
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(i)
Identify the victim and the alleged perpetrator, if known;
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(ii)
Indicate the age of the victim and alleged perpetrator;
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(iii)
Describe the incident, including alleged statements made by
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the alleged perpetrator;
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(iv)
Indicate the location of the incident;
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(v)
Identify any physical injury suffered by the victim and
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describe the seriousness and any permanent effects of the injury;
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(vi)
Indicate the number of days a student is absent from school,
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if any, as a result of the incident;
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(vii)
Identify any request for psychological services initiated by
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the victim or the victim’s family due to psychological injuries suffered; and
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(viii) Include instructions on how to fill out the form and the
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mailing address to where the form shall be sent.
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(3)
A county board shall distribute copies of the victim of bullying,
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DATING VIOLENCE, harassment, or intimidation report form to each public school
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under the county board’s jurisdiction.
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(d)
(1)
Each county board shall submit summaries of report forms filed
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with the county board to the State Board on or before January 31 each year.
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(2)
A county board shall delete any information that identifies an
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individual.
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(e)
The information contained in a victim of bullying, DATING VIOLENCE,
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harassment, or intimidation report form in accordance with subsection (c) of this
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section:
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(1)
Is confidential and may not be redisclosed except as otherwise
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provided under the Family Education Rights and Privacy Act or this section; and
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(2)
May not be made a part of a student’s permanent educational
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record.
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(f)
(1)
The Department shall submit a report on or before March 31 each
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year to the Senate Education, Health, and Environmental Affairs Committee and the
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SENATE BILL 617
House Ways and Means Committee, in accordance with § 2–1246 of the State
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Government Article, consisting of a summary of the information included in the victim
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of bullying, DATING VIOLENCE, harassment, or intimidation report forms filed with
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the county boards the previous year.
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(2)
The report submitted by the Department shall include, to the
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extent feasible:
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(i)
A description of the act constituting the bullying, DATING
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VIOLENCE, harassment, or intimidation;
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(ii)
The age of the victim and alleged perpetrator;
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(iii)
The allegation of the alleged perpetrator’s motive;
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(iv)
A description of the investigation of the complaint and any
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corrective action taken by the appropriate school authorities;
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(v)
The number of days a student is absent from school, if any,
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as a result of the incident; and
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(vi)
The number of false allegations reported.
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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, DATING VIOLENCE, harassment, or intimidation”
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means intentional conduct, including verbal, physical, or written conduct, or an
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intentional electronic communication, that:
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(i)
Creates a hostile educational environment by substantially
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interfering with a student’s educational benefits, opportunities, or performance, or
22
with a student’s physical or psychological well–being and is:
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1.
Motivated by an actual or a perceived personal
24
characteristic including race, national origin, marital status, sex, sexual orientation,
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gender identity, religion, ancestry, physical attribute, socioeconomic status, familial
26
status, or physical or mental ability or disability; or
27
2.
Threatening or seriously intimidating; and
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(ii)
1.
Occurs on school property, at a school activity or
29
event, or on a school bus; or
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2.
Substantially disrupts the orderly operation of a
31
school.
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SENATE BILL 617
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(3)
“DATING PARTNER” MEANS ANY PERSON, REGARDLESS OF
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GENDER, INVOLVED IN AN INTIMATE RELATIONSHIP WITH ANOTHER THAT IS
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PRIMARILY
CHARACTERIZED
BY
THE
EXPECTATION
OF
AFFECTIONATE
3
INVOLVEMENT, WHETHER CASUAL, SERIOUS, OR LONG–TERM.
4
(4)
“DATING VIOLENCE” MEANS A PATTERN OF BEHAVIOR IN
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WHICH ONE PERSON USES THE THREATS OF, OR ACTUALLY USES, PHYSICAL,
6
SEXUAL, VERBAL, OR EMOTIONAL ABUSE TO CONTROL THE PERSON’S DATING
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PARTNER.
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[(3)] (5)
“Electronic
communication”
means
a
communication
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transmitted by means of an electronic device, including a telephone, cellular phone,
10
computer, or pager.
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(b)
(1)
By March 31, [2009] 2012, the State Board, after consultation
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with and input from local school systems, shall develop a model policy prohibiting
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bullying, DATING VIOLENCE, 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, DATING VIOLENCE,
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harassment, and 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, DATING VIOLENCE, harassment, or
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intimidation;
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(iii)
A definition of bullying, DATING VIOLENCE, harassment, or
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intimidation that is either the same as set forth in subsection (a)(2) of this section or a
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definition that is 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, DATING VIOLENCE, harassment, or intimidation and for
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persons engaged in 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, DATING
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VIOLENCE, harassment, and intimidation;
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(vii)
Model procedures for the prompt investigation of acts of
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bullying, DATING VIOLENCE, harassment, and intimidation;
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SENATE BILL 617
(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, DATING VIOLENCE, harassment, or intimidation form under § 7–424 of this
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subtitle.
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(c)
(1)
Each county board shall establish a policy prohibiting bullying,
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DATING VIOLENCE, 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, DATING VIOLENCE, harassment, or intimidation,
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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, DATING VIOLENCE, harassment, and intimidation in
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schools:
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SENATE BILL 617
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(1)
An educational bullying, DATING VIOLENCE, harassment, and
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intimidation prevention 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, DATING
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VIOLENCE, harassment, or intimidation under this section in accordance with the
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county board’s policy established under subsection (c) of this section is not civilly liable
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for any act or omission in reporting or failing to report an act of bullying, DATING
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VIOLENCE, harassment, or 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, DATING VIOLENCE, harassment, or intimidation.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
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July 1, 2011.
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