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§ 7-424.3. School polices prohibiting bullying, harassment, and intimidation

West's Annotated Code of MarylandEducationEffective: May 8, 2020

West's Annotated Code of Maryland
Education (Refs & Annos)
Division II. Elementary and Secondary Education [Titles 2-9.5] (Refs & Annos)
Title 7. Public Schools (Refs & Annos)
Subtitle 4. Health and Safety of Students (Refs & Annos)
Effective: May 8, 2020
MD Code, Education, § 7-424.3
§ 7-424.3. School polices prohibiting bullying, harassment, and intimidation
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Bullying, harassment, or intimidation” has the meaning stated in § 7-424 of this subtitle.
(3) “Nonpublic school” means a nonpublic school that participates in State-funded education programs.
Policies required by nonpublic schools
(b) By March 31, 2012, each nonpublic school shall adopt a policy prohibiting bullying, harassment, and intimidation.
Policy requirements
(c) 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 providing notice of an act of bullying, harassment, or intimidation to:
(i) A parent or guardian of the alleged victim, within 3 business days after the date the act is reported; and
(ii) A parent or guardian of the alleged perpetrator, within 5 business days after the date the act is reported;
(8) Standard procedures for the prompt investigation of acts of bullying, harassment, or intimidation;
(9) Standard procedures for protecting victims of bullying, harassment, or intimidation from additional acts of bullying, harassment, or intimidation, and from retaliation; and
(10) Information about the types of support services available to a student bully or victim and any bystanders.
Nonpublic schools encouraged to consult with parent, school, and student groups
(d) 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.
Publication of policy
(e) A nonpublic school is encouraged to publicize the policy adopted under subsection (b) of this section in student handbooks, on the school's website, and any other location or venue the school determines is necessary or appropriate.
Educational programs encouraged for nonpublic schools
(f) 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.
Immunity of nonpublic school employees
(g) 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.
Construction of section
(h) 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.

Credits

Added by Acts 2011, c. 486, § 1, eff. July 1, 2011; Acts 2011, c. 487, § 1, eff. July 1, 2011. Amended by Acts 2018, c. 366, § 1, eff. Oct. 1, 2018; Acts 2020, c. 628, § 1, eff. May 8, 2020.
MD Code, Education, § 7-424.3, MD EDUC § 7-424.3
Current through legislation effective through May 16, 2022, from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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