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Md. legislators approve bill aimed at curbing cyber-bullying

April 9, 2008

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."

By Kathleen Fitzgerald, SPLC staff writer


For More Information:
  • Bills to curb cyber-bullying raise free-speech concerns News Flash, 2/4/2008

    © 2008 Student Press Law Center

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