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2017 Maryland Code
Education
Division II - Elementary and Secondary Education
Title 7 - Public Schools
Subtitle 4 - Health and Safety of Students
§ 7-424.3. Bullying, harassment and intimidation policy
Universal Citation: MD Educ Code § 7-424.3 (2017)
- (a) Definitions. --
- (1) In this section the following words have the meanings indicated.
- (2) "Bullying, harassment, and intimidation" means any intentional written, verbal, or physical act, including an electronic communication, that:
- (i)
- 1. Physically harms an individual;
- 2. Damages an individual's property;
- 3. Substantially interferes with an individual's education or learning environment; or
- 4. Places an individual in reasonable fear of harm to the individual's person or property; and
- (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.
- (i)
- (3) "Electronic communication" means a communication transmitted by means of an electronic device, including a telephone, cellular phone, computer, or pager.
- (4) "Nonpublic school" means a nonpublic school that participates in State-funded education programs.
- (b) Adoption by nonpublic school. -- By March 31, 2012, each nonpublic school shall adopt a policy prohibiting bullying, harassment, and intimidation.
- (c) Contents. -- The policy adopted under subsection (b) of this section shall include:
- (1) A statement prohibiting bullying, harassment, and intimidation in the school;
- (2) A statement prohibiting reprisal or retaliation against individuals who report acts of bullying, harassment, or intimidation;
- (3) A definition of bullying, harassment, and intimidation that is either the same as set forth in subsection (a) of this section or a definition that is not less inclusive than that definition;
- (4) Standard consequences and remedial actions for persons committing acts of bullying, harassment, or intimidation and for persons engaged in reprisal or retaliation, including:
- (i) Specific penalties for persons who repeatedly commit acts of bullying, harassment, or intimidation; and
- (ii) A requirement that persons who commit acts of bullying, harassment, or intimidation receive educational and therapeutic services concerning bullying prevention;
- (5) Standard consequences and remedial actions for persons found to have made false accusations;
- (6) Standard procedures for reporting acts of bullying, harassment, or intimidation, including a chain of command in the reporting process;
- (7) Standard procedures for the prompt investigation of acts of bullying, harassment, or intimidation;
- (8) Standard procedures for protecting victims of bullying, harassment, or intimidation from additional acts of bullying, harassment, or intimidation, and from retaliation; and
- (9) Information about the types of support services available to a student bully or victim and any bystanders.
- (d) Consultation with groups. -- A nonpublic school is encouraged to develop the policy adopted under subsection (b) of this section in consultation with the following groups:
- (1) Parents or guardians of students;
- (2) School employees and administrators;
- (3) School volunteers; and
- (4) Students.
- (e) Publication. -- A nonpublic school is encouraged to publicize the policy adopted under subsection (b) of this section in student handbooks, on the school's Web site, and any other location or venue the school determines is necessary or appropriate.
- (f) Educational programs. -- A nonpublic school is encouraged to develop the following educational programs in its efforts to prevent bullying, harassment, and intimidation:
- (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 adopted under subsection (b) of this section.
- (g) Civil liability. -- An employee of a nonpublic school who reports an act of bullying, harassment, or intimidation in accordance with the nonpublic school's policy adopted under subsection (b) 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 in accordance with the policy.
- (h) Construction of provisions. -- The provisions of this section may not be construed to:
- (1) Limit the legal rights of a victim of bullying, harassment, or intimidation; or
- (2) Require a statewide policy in nonpublic schools relating to bullying, harassment, and intimidation.
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