Category
Bullying Policy—Reporting and Investigations
Category
Bullying Policy—Reporting and Investigations
State law addresses reporting and investigations.
Maryland Code 7-424. Reporting incidents of harassment or intimidation against students
(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 § 2-1257 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.
Maryland Code 7-424.1 Model policy prohibiting bullying, harassment and intimidation
(a) "Bullying, harassment, or intimidation" defined. -- In this section, "bullying, harassment, or intimidation" has the meaning stated in § 7-424 of this subtitle.
(b) In general. --
-
(1) By March 31, 2009, the State Board, after consultation with and input from local school systems, shall develop a model policy prohibiting bullying, harassment, or intimidation in schools.
-
(2) The model policy developed under paragraph (1) of this subsection shall include:
-
(i) A statement prohibiting bullying, harassment, and intimidation in schools;
-
(ii) A statement prohibiting reprisal or retaliation against individuals who report acts of bullying, harassment, or intimidation;
-
(iii) A definition of bullying, harassment, or 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;
-
(iv) Standard consequences and remedial actions for persons committing acts of bullying, harassment, or intimidation and for persons engaged in reprisal or retaliation;
-
(v) Standard consequences and remedial actions for persons found to have made false accusations;
-
(vi) Model procedures for reporting acts of bullying, harassment, and intimidation;
-
(vii) Model procedures for providing notice of an act of bullying, harassment, or intimidation to:
-
- A parent or guardian of the alleged victim, within 3 business days after the date the act is reported; and
-
- A parent or guardian of the alleged perpetrator, within 5 business days after the date the act is reported;
-
(viii) Model procedures for the prompt investigation of acts of bullying, harassment, and intimidation;
-
(ix) Information about the types of support services available to the student bully, victim, and any bystanders;
-
(x) Information regarding the availability and use of the bullying, harassment, or intimidation form under § 7-424 of this subtitle; and
-
(xi) Information regarding the availability and use of an anonymous two-way electronic tip program established under § 7-424 of this subtitle.
-
(3) By September 1, 2016, and every 5 years thereafter, the State Board, after consultation with local school systems, shall update the model policy required under paragraph (1) of this subsection.
(c) Development of policy by county boards. --
-
(1) Each county board shall establish a policy prohibiting bullying, harassment, or intimidation at school based on the model policy.
-
(2) The policy shall address the components of the model policy specified in subsection (b)(2) of this section.
-
(3) A county board shall develop the policy in consultation with representatives of the following groups:
-
(i) Parents or guardians of students;
-
(ii) School employees and administrators;
-
(iii) School volunteers;
-
(iv) Students; and
-
(v) Members of the community.
-
(4) By January 1, 2017, and every 5 years thereafter, each county board shall update its policy based on the State Board's update of the model policy under subsection (b)(3) of this section.
(d) Publication of policy. -- Each county board shall publicize its policy in student handbooks, school system websites, and any other location or venue the county board determines is necessary or appropriate.
(e) Reporting procedure. -- Each county board policy shall include information on the procedure for reporting incidents of bullying, harassment, or intimidation, including:
- (1) A chain of command in the reporting process; and
- (2) The name and contact information for an employee of the Department, designated by the Department, who is familiar with the reporting and investigation procedures in the applicable school system.