Maryland Anti-Bullying, Cyber Bullying and Hazing Laws

(October 25, 2011)
Bullying/Harassment
State Board of Education Regulation 13A.01.04.03 (2003) states that, “All students in Maryland’s public schools, without exception and regardless of race, ethnicity, region, religion, gender, sexual orientation, language, socioeconomic status, age, or disability, have the right to educational environments that are safe, appropriate for academic achievement, and free from any form of harassment.”

Code §7-424 (2008) defines bullying, harassment and intimidation, including electronic bullying, and requires local boards of education to submit an annual report to the Department of Education citing incidents of bullying, harassment or intimidation against students in public schools. An incident may be reported by a staff member, student, or the parent, guardian or close adult relative of a student. The Department is also required to create and distribute standard victim of bullying, harassment and intimidation report forms. The requirements for these forms are outlined in the statute. The Department of Education is then required to submit an annual summary of the reports to the Senate.

Code §7-424.1 (2008) requires the State Board to develop a model poicy prohibiting bullying, harassment, or intimidation in schools. The model policy shall include the following: (1) A statement prohibiting bullying, harassment, and intimidation in schools; (2) A statement prohibiting reprisal or retaliation against individuals who report acts, (3) A definition of bullying, harassment, or intimidation that is either the same as set forth in Code §7-424 (2008) or another definition not less inclusive, (4) Standared consequences and remidial actions for persons committing acts, for persons engaged in reprisal or retaliation, and for persons ound to have made false accusaions; (5) Model procedures for reporting and investigation of acts; and (6) Information about support services for bullies, victims and bystanders and about the use of the reporting form.

Code §7-424.1 (2008) also requires each County Board shall establish a policy prohibiting bullying, harassment, or intimidation at school based on the model policy. Specific requirements of the policy are outlined in the Code. The policy must be published in student hanbooks, school system websites and other appropriate locations. Each County Board is required to develop, in conjunction with the policy, an educational program for students, staff, volunteers and parents, and a training program for teachers and administrators for policy implementation.

Cyber Bullying
Code §7-424 (2008) includes an intentional electronic communication in its definition of bullying, harassment and intimidatdation and requires local boards of education to submit an annual report to the Department of Education citing incidents of bullying, harassment or intimidation against students in public schools. It defines “Electronic communication” as a communication transmitted by means of an electronic device, including a telephone, cellular phone, computer, or pager. The policy each County Board is required to develop must include a definition of bullying and harassment the same or not less inclusive as that set forth in Code §7-424.1 (2008).

Hazing
Code 3-607 (2002) prohibits a person from recklessly or intentionally doing an act or create a situation that subjects a student to the risk of serious bodily injury for the purpose of an initiation into a student organization of a school, college or university.

 

Virginia Anti-Bullying, Cyber Bullying and Hazing Laws

(October 25, 2011)
Bullying/Harassment

Code 22.1-279.6 (2008) requires the Board of Education to establish guidelines and develop model policies for codes of student conduct to aid local school boards in the implementation of such policies. The guildelines and model policies must include standards for school board policies on self-defense and bullying. School boards are required to adopt and revise regulations that are are consistent with, but may be more stringent than, the guildelines of the Board. Each school board must include in its code of conduct prohibitions against bullying, hazing and profane or obscene language or conduct.

Code 8.01-220.1:2 (2005) provides immunity from liability for school employees and volunteers from civil damages arising from reporting alleged acts of bullying or crimes against others, if the person in good faith promptly reports such acts or crimes to the appropriate school official incompliance with specified procedures.

Cyber Bullying
Code 22.1-279.6 (2008) requires the Board of Education to establish guidelines and develop model policies for codes of student conduct to aid local school boards in the implementation of such policies. The guildelines and model policies must include standards for school board policies on the use of electronic means for the purposes of bullying, harassment and intimidation.

Hazing
Code 22.1-279.6 (2008) requires the Board of Education to establish guidelines and develop model policies for codes of student conduct to aid local school boards in the implementation of such policies. The guildelines and model policies must include standards for school board policies on hazing, and policies must cite Code 18.2-56, which defines and prohibits hazing and imposes a Class 1 misdemeanor for violations.

 

Significant Concepts under Section 504 and the ADA

(October 25, 2011)
1. Comparable Benefits and Services
Section 504 and Title II of the ADA are broad civil rights statutes designed to promote equal access to and participation in programs and services. The regulations implementing these laws require that students with disabilities receive benefits and services comparable to those given their nondisabled peers. Specifically, these laws make it illegal for schools to discriminate on the basis of disability by:
• denying a student the opportunity to participate in or benefit from a benefit or service,
• providing an opportunity to participate or benefit that is unequal to that provided others,
•  providing a benefit or service that is not as effective as that provided to others,
•  providing lower quality benefits, services or programs than those provided others, or
•  providing different or separate benefits or services, unless it is necessary to provide benefits or services that are as effective as those provided to others.

For benefits or services provided to be “equally effective,” they must afford students with disabilities an equal opportunity to obtain the same result, gain the same benefit, or reach the same level of achievement as other students.

Section 504 regulations mandate that school systems receiving federal funds provide a free appropriate public education to children with disabilities in accordance with the Section 504 requirements regarding least restrictive setting, evaluation and placement, and procedural safeguards. FAPE under Section 504 means that the education provided to students with disabilities must meet those students’ needs as adequately as the needs of nondisabled students are met.

2. Criteria and Methods of Administration
It is illegal under the Section 504 and ADA regulations for school systems to use policies and practices that, intentionally or not, result in discrimination.  The regulations for both Section 504 and ADA use the term “criteria and methods of administration.” “Criteria” are written or formal policies; “methods of administration” are the school system’s actual practices and procedures. The ban on discriminatory policies, practices, and procedures includes those that:
• have the effect of discriminating against students with disabilities, or
• have the effect of defeating or impairing accomplishment of the objectives of the education program (or school reform initiative) in regard to students with disabilities.

3. Reasonable Accommodations
School systems must make accommodations and modifications to address the needs of students with disabilities to meet the responsibilities to students with disabilities under Section 504 and Title II of the ADA,  Making accommodations and modifications means changing the way things are usually done in order to take into account a child’s disability-related needs. Examples of accommodations and modifications include modifying rules, policies or practices; removing architectural or communication barriers; or providing aids, services, or assistive technology.

4. Maximum Feasible Integration
Under Section 504, children with disabilities must be educated with their nondisabled peers “to the maximum extent appropriate,” and “removal . . . from the regular educational environment” occurs “only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”
The ADA regulations similarly provide that a public entity, such as a school system, “shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.”  Schools have the burden of demonstrating that any removal from regular education is appropriate.

Section 504 and the Americans with Disabilities Act

(October 25, 2011)
Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities. Section 504 ensures that children with disabilities have equal access to education. The child may receive accommodations and modifications.

On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) . The Act, effective January 1, 2009, emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA.

ADAAA Changes Apply to Section 504. Section 504 was amended so that it now incorporates the ADAAA by reference and applies to public school students under Section 504.

Unlike the Individuals with Disabilities Education Act (IDEA), Section 504 does not require the school to provide an individualized educational program (IEP) that is designed to meet the child’s unique needs and provides the child with educational benefit. Under Section 504, fewer procedural safeguards are available to children with disabilities and their parents than under IDEA.

With complaints, Office of Civil Rights (OCR) normally looks at the “process requirements of Section 504″ and not the substance of “individual placement and other educational decisions made by a school division.” However, in “extraordinary circumstances” OCR will review placement and “other educational decisions.”

OCR explained that when “a school division’s decision that a student is ineligible for Section 504 services could result in death or serious illness, there is a basis for . . . ‘extraordinary circumstances’ . . .” Based upon OCR’s findings, the school district voluntarily agreed to re-evaluate the child’s eligibility for a Section 504 plan.”

To effectively advocate for a child with a disability, an advocate must know your child’s rights and responsibilities under the IDEA and Section 504.

OSEP Monitoring

(October 25, 2011) The U.S. Department of Education’s Office of Special Education Programs (OSEP) regularly monitors states to see that they are complying with IDEA. Every two years OSEP requires that states report progress toward meeting established performance goals that, at a minimum, address the performance of children on assessments, drop-out rates, and graduation rates. As part of its monitoring, the Department reviews IEPs and interviews parents, students, and school staff to find out:
• whether, and how, the IEP team made the decisions reflected in the IEP;
• whether those decisions and the IEP content are based on the child’s unique needs, as determined through evaluation and the IEP process;
• whether any state or local policies or practices have interfered with decisions of the IEP team about the child’s educational needs and the services that the school would provide to meet those needs; and
• whether the school has provided the services listed in the IEP.

What If Parents Don’t Agree With the IEP?

(October 25, 2011) There are times when parents may not agree with the school’s recommendations about their child’s education. Under the law, parents have the right to challenge decisions about their child’s eligibility, evaluation, placement, and the services that the school provides to the child. If parents disagree with the school’s actions-or refusal to take action-in these matters, they have the right to pursue a number of options. They may do the following:
• Try to reach an agreement. Parents can talk with school officials about their concerns and try to reach an agreement. Sometimes the agreement can be temporary. For example, the parents and school can agree to try a plan of instruction or a placement for a certain period of time and see how the student does.
• Ask for mediation. During mediation, the parents and school sit down with someone who is not involved in the disagreement and try to reach an agreement. The school may offer mediation, if it is available as an option for resolving disputes prior to due process.
• Ask for due process. During a due process hearing, the parents and school personnel appear before an impartial hearing officer and present their sides of the story. The hearing officer decides how to solve the problem. (Note: Mediation must be available at least at the time a due process hearing is requested.)
• File a complaint with the state education agency. To file a complaint, generally parents write directly to the SEA and say what part of IDEA they believe the school has violated. The agency must resolve the complaint within 60 calendar days. An extension of that time limit is permitted only if exceptional circumstances exist with respect to the complaint.

Reviewing and Revising the IEP

(October 25, 2011) The IEP team must review the child’s IEP at least once a year. One purpose of this review is to see whether the child is achieving his or her annual goals. The team must revise the child’s individualized education program, if necessary, to address:
• the child’s progress or lack of expected progress toward the annual goals and in the general curriculum;
• information gathered through any reevaluation of the child;
• information about the child that the parents share;
• information about the child that the school shares (for example, insights from the teacher based on his or her observation of the child or the child’s classwork);
• the child’s anticipated needs; or
• other matters.
Although the IDEA requires this IEP review at least once a year, in fact the team may review and revise the IEP more often. Either the parents or the school can ask to hold an IEP meeting to revise the child’s IEP. For example, the child may not be making progress toward his or her IEP goals, and his or her teacher or parents may become concerned. On the other hand, the child may have met most or all of the goals in the IEP, and new ones need to be written. In either case, the IEP team would meet to revise the IEP.

Implementing the IEP

(October 25, 2011) Once the IEP is written, it is time to carry it out-in other words, to provide the student with the special education and related services as listed in the IEP. This includes all supplementary aids and services and program modifications that the IEP team has identified as necessary for the student to advance appropriately toward his or her IEP goals, to be involved in and progress in the general curriculum, and participate in other school activities. While it is beyond the scope of this guide to discuss in detail the many issues involved in implementing a student’s IEP, certain suggestions can be offered.
• Every individual involved in providing services to the student should know and understand his or her responsibilities for carrying out the IEP. This will help ensure that the student receives the services that have been planned, including the specific modifications and accommodations the IEP team has identified as necessary.
• Teamwork plays an important part in carrying out the IEP. Many professionals are likely to be involved in providing services and supports to the student. Sharing expertise and insights can help make everyone’s job a lot easier and can certainly improve results for students with disabilities. Schools can encourage teamwork by giving teachers, support staff and/or paraprofessionals time to plan or work together on such matters as adapting the general curriculum to address the student’s unique needs. Teachers, support staff, and others providing services for children with disabilities may request training and staff development.
• Communication between home and school is also important. Parents can share information about what is happening at home and build upon what the child is learning at school. If the child is having difficulty at school, parents may be able to offer insight or help the school explore possible reasons as well as possible solutions.
• It is helpful to have someone in charge of coordinating and monitoring the services the student receives. In addition to special education, the student may be receiving any number of related services. Many people may be involved in delivering those services. Having a person in charge of overseeing that services are being delivered as planned can help ensure that the IEP is being carried out appropriately.
• The regular progress reports that the law requires will help parents and schools monitor the child’s progress toward his or her annual goals. It is important to know if the child is not making the progress expected-or if he or she has progressed much faster than expected. Together, parents and school personnel can then address the child’s needs as those needs become evident.

After the IEP is Written

(October 25, 2011) When the IEP has been written, parents must receive a copy at no cost to themselves. The IDEA also stresses that everyone who will be involved in implementing the IEP must have access to the document. This includes the child’s:
• regular education teacher(s);
• special education teacher(s);
• related service provider(s) (for example, speech therapist); or
• any other service provider (such as a paraprofessional) who will be responsible for a part of the child’s education.
Each of these individuals needs to know what his or her specific responsibilities are for carrying out the child’s IEP. This includes the specific accommodations, modifications, and supports that the child must receive, according to the IEP.
Parents’ Permission
Before the school can provide a child with special education and related services for the first time, the child’s parents must give their written permission.

Deciding Placement

(October 25, 2011) In addition, the child’s placement (where the IEP will be carried out) must be decided. The placement decision is made by a group of people, including the parents and others who know about the child, what the evaluation results mean, and what types of placements are appropriate. In some states, the IEP team serves as the group making the placement decision. In other states, this decision may be made by another group of people. In all cases, the parents have the right to be members of the group that decides the educational placement of the child.
Placement decisions must be made according to IDEA’s least restrictive environment requirements-commonly known as LRE. These requirements state that, to the maximum extent appropriate, children with disabilities must be educated with children who do not have disabilities.
The law also clearly states that special classes, separate schools, or other removal of children with disabilities from the regular educational environment may occur only if the nature or severity of the child’s disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
What type of placements are there? Depending on the needs of the child, his or her IEP may be carried out in the regular class (with supplementary aids and services, as needed), in a special class (where every student in the class is receiving special education services for some or all of the day), in a special school, at home, in a hospital and institution, or in another setting. A school system may meet its obligation to ensure that the child has an appropriate placement available by:
• providing an appropriate program for the child on its own;
• contracting with another agency to provide an appropriate program; or
• utilizing some other mechanism or arrangement that is consistent with IDEA for providing or paying for an appropriate program for the child.
The placement group will base its decision on the IEP and which placement option is appropriate for the child. Can the child be educated in the regular classroom, with proper aids and supports? If the child cannot be educated in the regular classroom, even with appropriate aids and supports, then the placement group will talk about other placements for the child.

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