ROBERT L. EHRLICH, JR., Governor

H.B. 740

Section 7-420

Annotated Code of Maryland

(2001 Replacement Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Education

7-420.

(A)     IN THIS SECTION, "HARASSMENT OR INTIMIDATION" MEANS CONDUCT,
INCLUDING VERBAL CONDUCT, THAT:

(1)      CREATES, OR CERTAINLY WILL CREATE, 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:

(I)      MOTIVATED BY AN ACTUAL OR A PERCEIVED PERSONAL
CHARACTERISTIC SUCH AS RACE, NATIONAL ORIGIN, MARITAL STATUS, SEX, SEXUAL
ORIENTATION, GENDER IDENTITY, RELIGION, OR DISABILITY; OR

(II)     THREATENING OR SERIOUSLY INTIMIDATING; AND

(2)      OCCURS ON SCHOOL PROPERTY, AT A SCHOOL ACTIVITY OR EVENT,
OR ON A SCHOOL BUS.

(B)     (1) EACH COUNTY BOARD SHALL CREATE A PROGRAM FOR REPORTING
THE DEPARTMENT SHALL REQUIRE A COUNTY BOARD TO REPORT INCIDENTS OF
HARASSMENT OR INTIMIDATION AGAINST STUDENTS ATTENDING A PUBLIC SCHOOL
UNDER THE JURISDICTION OF THE COUNTY BOARD.

(2) AN INCIDENT OF HARASSMENT OR INTIMIDATION MAY BE
REPORTED BY A STUDENT OR THE PARENT, GUARDIAN, OR CLOSE ADULT RELATIVE
OF A STUDENT.

(C)     (1) EACH COUNTY BOARD THE DEPARTMENT SHALL CREATE A
STANDARD VICTIM OF HARASSMENT OR INTIMIDATION REPORT FORM.

(2) EACH VICTIM OF 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;

- 3137 -