MARYLAND -- A bill that will require public schools to develop
a policy prohibiting cyber-bullying and other forms of intimidation has passed
both houses of the state legislature as of April 3 and now awaits action by the
governor. Alex Grudger, a legislative aide for HB199 sponsor Del. Craig L. Rice, said the bill is a step toward making schools safer. And while public schools agreed
that bullying is a problem, "to have one more thing on their plate was
hard to digest," Grudger said. The bill requires the state board of education to develop a model policy
prohibiting bullying in schools, and it requires each county board to adopt
its own policy by July 1, 2009 based on the model. Unlike some other cyber-bullying laws, Maryland's bill says even if
the harassment takes place off school grounds, as long as it
"substantially disrupts the orderly operation of a school,"
administrators can report the incident. The bill defines "bullying, harassment, or intimidation" as
anything that is "threatening or seriously intimidating" and creates
a hostile educational environment by interfering with a student's
education, or their physical or psychological well-being. Unlawful bullying
includes harassment "motivated by an actual or a perceived personal
characteristic," such as race, sex, religion or disability. The prohibition against bullying covers "intentional conduct
including verbal, physical, or written conduct, or an intentional electronic
communication." Grudger said the attorney general's office testified in favor of the
bill, saying if the effects are manifested on school grounds, then it should not
matter if cyber-bullying takes place at home or elsewhere. But David L. Hudson Jr. of the First Amendment Center said the
school's power extending off-campus creates a "bit of tension in the
First Amendment arena as to just how far school jurisdiction extends."
"There's no doubt that [the bill] is well-intentioned, but the
question is whether it's going to sweep too much speech within its
reach," Hudson said. And while schools have a duty to provide a safe learning environment,
administrators will have to distinguish between actual bullying and content that
others simply find to be hostile. Bill Reinhard, a spokesman for the Maryland State Department of Education,
said the department supports the bill and is working to create a policy. If signed into law, the bill will make Maryland one of 14 states with laws
against cyber-bullying. Six other states have bills pending. Gov. Martin
O'Malley has until July to sign the bill, according to Grudger. "We don't know how far this is going to go in terms of how the
schools are going to be able to do it, but it's a beginning,"
Grudger said. "Many people that did testify as people who had been bullied
felt that the schools had not taken their issues seriously."
© 2008 Student Press Law Center