Text of MD SB 77 (2004)

SENATE BILL 77 Unofficial Copy 2004 Regular Session F1 4lr1357 ____________________________________________________________________________________ By: Senator Astle Introduced and read first time: January 16, 2004 Assigned to: Education, Health, and Environmental Affairs _____________________________________________________________________________________ A BILL ENTITLED 1 AN ACT concerning 2 Education - Prevention of Harassment and Intimidation in Public Schools 3 FOR the purpose of declaring the intent of the General Assembly; defining a certain 4 term; prohibiting certain students from harassing or intimidating another 5 student; requiring certain individuals to report incidents under certain 6 circumstances; requiring a county board of education to establish a harassment 7 and intimidation prevention program for certain individuals; requiring a county 8 board of education and the Baltimore City Board of School Commissioners to 9 incorporate certain policies in its training program; requiring the county board 10 to include certain information in its harassment and intimidation policy; 11 requiring the State Board of Education to establish a model policy and adopt 12 regulations; requiring a county board to publish the harassment and 13 intimidation policy in certain publications; and generally relating to the 14 prevention of harassment and intimidation in public schools. 15 BY adding to 16 Article - Education 17 Section 7-304.1 18 Annotated Code of Maryland 19 (2001 Replacement Volume and 2003 Supplement) 20 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 21 MARYLAND, That the Laws of Maryland read as follows: 22 Article - Education 23 7-304.1. 24 (A) IN THIS SECTION, "HARASSMENT OR INTIMIDATION" MEANS A GESTURE 25 OR A WRITTEN, VERBAL, OR PHYSICAL ACT THAT: 26 (1) IS REASONABLY PERCEIVED AS BEING MOTIVATED BY AN ACTUAL 27 OR PERCEIVED CHARACTERISTIC, INCLUDING RACE, COLOR, RELIGION, ANCESTRY, 28 NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, MENTAL, PHYSICAL OR 29 SENSORY DISABILITY, OR ANY OTHER DISTINGUISHING CHARACTERISTIC; AND 2 SENATE BILL 77 1 (2) TAKES PLACE ON SCHOOL PROPERTY, AT A SCHOOL ACTIVITY OR 2 EVENT, OR ON A SCHOOL BUS. 3 (B) IT IS THE INTENT OF THE GENERAL ASSEMBLY IN THE ENACTMENT OF 4 THIS SECTION TO: 5 (1) PROMOTE THE IMPORTANCE OF A SAFE AND CIVIL ENVIRONMENT 6 FOR STUDENTS TO ACHIEVE IN SCHOOL; 7 (2) DISCOURAGE DISRUPTIVE CONDUCT; AND 8 (3) PREVENT HARASSMENT AND INTIMIDATION OF STUDENTS IN 9 PUBLIC SCHOOLS. 10 (C) (1) A STUDENT IN A PUBLIC SCHOOL IN THE STATE MAY NOT HARASS OR 11 INTIMIDATE ANOTHER STUDENT. 12 (2) AN EMPLOYEE OF A LOCAL SCHOOL SYSTEM OR STUDENT WHO 13 WITNESSES OR HAS REASON TO BELIEVE THAT A STUDENT HAS BEEN SUBJECTED TO 14 HARASSMENT OR INTIMIDATION SHALL REPORT THE INCIDENT TO THE 15 APPROPRIATE SCHOOL OFFICIAL AS DESIGNATED BY THE COUNTY BOARD. 16 (3) A COUNTY BOARD SHALL ESTABLISH HARASSMENT AND 17 INTIMIDATION PREVENTION PROGRAMS FOR AN EMPLOYEE OF A LOCAL SCHOOL 18 SYSTEM, ADMINISTRATOR, VOLUNTEER, STUDENT, PARENT, AND LOCAL LAW 19 ENFORCEMENT. 20 (4) A COUNTY BOARD SHALL INCORPORATE THE BOARD'S POLICY ON 21 HARASSMENT AND INTIMIDATION IN THE BOARD'S EMPLOYEE TRAINING PROGRAM. 22 (D) A COUNTY BOARD SHALL ADOPT A POLICY THAT PROHIBITS A STUDENT 23 FROM HARASSING OR INTIMIDATING ANOTHER STUDENT ON SCHOOL PROPERTY, AT 24 A SCHOOL ACTIVITY OR EVENT, OR ON A SCHOOL BUS. 25 (E) A COUNTY BOARD SHALL INCLUDE THE FOLLOWING INFORMATION IN 26 THE POLICY: 27 (1) A STATEMENT PROHIBITING HARASSMENT OR INTIMIDATION OF A 28 STUDENT; 29 (2) THE DEFINITION OF HARASSMENT AND INTIMIDATION AS DEFINED 30 UNDER SUBSECTION (A) OF THIS SECTION; 31 (3) A DESCRIPTION OF THE TYPE OF BEHAVIOR EXPECTED FROM A 32 STUDENT; 33 (4) PENALTIES OR APPROPRIATE REMEDIAL ACTION FOR A STUDENT 34 WHO VIOLATES THE HARASSMENT POLICY; 35 (5) THE PROCEDURE FOR REPORTING INCIDENTS OF HARASSMENT OR 36 INTIMIDATION; 3 SENATE BILL 77 1 (6) THE PROCEDURE FOR INVESTIGATING REPORTS OF INCIDENTS OF 2 HARASSMENT OR INTIMIDATION; 3 (7) THE PROCEDURE THAT A PUBLIC SCHOOL MUST FOLLOW IN 4 RESPONSE TO A REPORT OF HARASSMENT OR INTIMIDATION; 5 (8) A STATEMENT PROHIBITING RETALIATION OR REPRISAL AGAINST AN 6 INDIVIDUAL WHO REPORTS AN ACT OF HARASSMENT OR INTIMIDATION; 7 (9) THE METHOD FOR PROVIDING NOTICE OF THE HARASSMENT AND 8 INTIMIDATION POLICY TO EMPLOYEES OF A LOCAL SCHOOL SYSTEM, STUDENTS, 9 AND PARENTS; AND 10 (10) PENALTIES FOR AN INDIVIDUAL WHO HAS FALSELY ACCUSED A 11 STUDENT OF HARASSING OR INTIMIDATING ANOTHER STUDENT. 12 (F) A COUNTY BOARD SHALL PUBLISH THE HARASSMENT AND INTIMIDATION 13 POLICY IN A PUBLICATION THAT CONTAINS SCHOOL POLICIES AND IN A STUDENT 14 HANDBOOK. 15 (G) (1) ON OR BEFORE DECEMBER 31, 2004, THE STATE BOARD SHALL 16 ESTABLISH A MODEL POLICY TO ASSIST A COUNTY BOARD IN DEVELOPING THE 17 HARASSMENT AND INTIMIDATION POLICY. 18 (2) THE STATE BOARD SHALL ADOPT REGULATIONS NECESSARY TO 19 CARRY OUT THE PROVISIONS OF THIS SECTION. 20 (H) AN INDIVIDUAL WHO REPORTS AN INCIDENT OF HARASSMENT OR 21 INTIMIDATION IS IMMUNE FROM ANY CIVIL LIABILITY ARISING FROM THE SCHOOL'S 22 FAILURE TO REMEDY THE REPORTED INCIDENT. 23 (I) THIS SECTION MAY NOT BE CONSTRUED TO PREEMPT THE ABILITY OF 24 THE STATE TO BRING A CHARGE FOR A VIOLATION UNDER § 3-803 OF THE CRIMINAL 25 LAW ARTICLE. 26 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take 27 effect October 1, 2004.