2018 Maryland Code
Education
Division II - Elementary and Secondary Education
Title 7 - Public Schools
Subtitle 4 - Health and Safety of Students
§ 7-424. Reporting incidents of harassment or intimidation against students

Universal Citation: MD Educ Code § 7-424 (2018)
  • (a) Definitions. --

    • (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 attributes, socioeconomic status, familial status, or physical or mental ability or disability;

        • 2. Sexual in nature, including descriptions or depictions of a student with the student's intimate parts exposed or while engaged in an act of sexual contact; or

        • 3. Threatening or seriously intimidating; 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.

    • (3) "Electronic communication" means a communication transmitted by means of an electronic device, including a telephone, cellular phone, computer, or pager.

    • (4) "Intimate parts" means the naked genitals, pubic area, buttocks, or female nipple.

    • (5) "Sexual contact" means sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex.

  • (b) Report required. --

    • (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:

      • (i) A student;

      • (ii) The parent, guardian, or close adult relative of a student; or

      • (iii) A school staff member.

  • (c) Contents; distribution. --

    • (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;

      • (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) Anonymous two-way electronic tip program. --

    • (1) A county board may establish an anonymous two-way electronic tip program to allow the reporting of an act of bullying, harassment, or intimidation of a student.

    • (2) The purpose of the anonymous two-way electronic tip program is for a student, a parent, guardian, or close adult relative of a student, or a school staff member to report acts of bullying, harassment, or intimidation.

    • (3) Each county board that establishes an anonymous two-way electronic tip program shall publicize the anonymous two-way electronic tip program in student handbooks, school system websites, and other locations that the county board determines are necessary or appropriate.

    • (4) On receipt of a report of an act of bullying, harassment, or intimidation from an anonymous two-way electronic tip, the recipient of the report or the recipient's designee shall:

      • (i) Complete a victim of bullying, harassment, or intimidation report form in accordance with subsection (c) of this section; and

      • (ii) Provide a transcript of the conversation to a designated person in the school.

    • (5) The Governor may include funding in the State budget to provide grants to county boards to establish an anonymous two-way electronic tip program.

  • (e) County boards to provide annual summaries of reports to State Board; confidentiality. --

    • (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.

  • (f) Confidentiality. -- The information contained in a victim of bullying, harassment, or intimidation report form in accordance with subsection (c) of this section or received from an anonymous two-way electronic tip in accordance with subsection (d) of this section:

    • (1) Is confidential and may not be redisclosed except as otherwise provided under the Family Educational Rights and Privacy Act or this section; and

    • (2) May not be made a part of a student's permanent educational record.

  • (g) Departmental reporting to General Assembly. --

    • (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 ยง 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:

      • (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.

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