New York State Dignity For All Students Act (DASA) Buffalo Public Schools New York State Education Law - Article 2 (effective July 1, 2012) ADAPTED FROM NYS CENTER FOR SCHOOL SAFETY This presentation will outline the major components and implications of New York State’s Dignity for All Students Act. We’ll start with a general description of the law and its components, then break it down as we get into more specific information.

The Dignity Act Legislative Intent: Provide all students In New York public schools an environment free of discrimination and harassment. The goal of the Dignity Act is to provide the State’s public elementary and secondary school students with a safe and supportive environment free from discrimination, intimidation, taunting, harassment, and bullying, on school property, on a school bus, or at a school function. The Dignity Act was signed into law on September 13, 2010 and is effective as of July 1, 2012. This legislation amended State Education Law by creating a new Article 2 – Dignity For All Students.

Legislative Intent “…the Legislature intends DASA to be primarily a preventive, rather than punitive, measure; it should therefore be implemented accordingly, with the emphasis on proactive techniques such as training and early intervention to prevent discrimination and harassment.” Daniel O’Donnell, Member of Assembly September 7, 2010

Dignity Act Basics Signed into law September 13, 2010 Takes effect July 1, 2012 Addresses issues related to harassment and discrimination in schools – including amendments to codes of conduct Amended State Education Law by creating a new Article 2 – Dignity for All Students Amended Section 801-a of State Education Law regarding instruction in civility, citizenship, and character education by expanding the concepts of tolerance, respect for others and dignity The Dignity Act was signed into law on September 13, 2010, and takes effect on July 1, 2012. The Dignity Act address issues ranging from harassment and discrimination in schools, which may include bullying, to integrating key principles related to such acts in the school’s existing Code of Conduct. This legislation amended Education Law by creating a new Article 2 – Dignity For All Students, and also amended Section 801-a of the Education Law regarding instruction in civility, citizenship, and character education by expanding the concepts of tolerance, respect for others and dignity.

The Dignity Act What does it include? Why is the Dignity Act needed in NYS? Who has to do what? Where can I go for more information?

No student shall be subjected to harassment, discrimination, or bullying by employees or students. The Dignity Act protects students from harassment or discrimination by other students OR adults. The Dignity Act does not protect adults, though adults may seek assistance under New York State Labor Law, 12 NYCRR, Code 800.6, Public Employer Workplace Violence Protection Programs. (www.labor.state.ny.us/workerprotection/safetyhealth/PDFs/Workplace_Violence_Final_Regs_May09.pdf )

race color weight national origin ethnic group religion No student shall be subjected to discrimination based on their actual or perceived: race color weight national origin ethnic group religion religious practice disability sexual orientation gender identity, or sex The Dignity Act specifically protects students from being harassed or discriminated for the reasons listed, whether actual or perceived, but the intent of the law was not that this list be exhaustive. For example, while height is not specifically addressed by the law, a student harassed for being short or tall would also be protected.

Consider the link between the NYS Dignity Act and Federal Civil Rights Laws School districts may violate Federal civil rights statutes and U.S.E.D. regulations when peer harassment based on race, color, national origin, sex, or disability is sufficiently serious that it creates a hostile environment and such harassment is encouraged, tolerated, not adequately addressed, or ignored by school staff. The Federal web site launched in the Fall of 2011 (www.stopbullying.gov) includes a section on Federal civil rights issues. It states that school districts may violate Federal civil rights statutes and U.S.E.D. regulations when peer harassment based on race, color, national origin, sex, or disability is sufficiently serious that it creates a hostile environment and such harassment is encouraged, tolerated, not adequately addressed, or ignored by school staff. www.stopbullying.gov/topics/civil_violation

Office for Civil Rights U.S. Department of Education Office for Civil Rights Dear Colleague Letter Harassment and Bullying (October 26, 2010) Background, Summary, and Fast Facts To follow-up on this point, please be aware that the U.S. Department of Education Office of Civil Rights sent a letter to all school superintendents on October 26, 2010 with a reminder that once a school knows or reasonably should know of possible student-on-student harassment, it must take immediate and appropriate action to investigate or otherwise determine what occurred. This fact sheet summarizing this letter can be accessed at the URL on this slide. www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201010.pdf

Review the October 2010 letter to schools from the U. S Review the October 2010 letter to schools from the U.S. Department of Education Office for Civil Rights The October 26, 2010 letter from the U.S. Department of Education Office of Civil Rights also included a reminder that student misconduct which falls within a school’s anti-bullying policy may trigger responsibilities under one or more Federal antidiscrimination laws enforced by the Office of Civil Rights. The specific text of this letter can be accessed at the URL on this slide. www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf

Review statutes enforced by the U. S Review statutes enforced by the U.S. Department of Education Office for Civil Rights Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin. Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex. Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act (ADA) of 1990, which prohibit discrimination on the basis of a disability The Federal antidiscrimination laws referred to by the Office of Civil Rights include Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990. www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201010.pdf

Dignity Act § 11: Harassment – the creation of a hostile environment by: conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for their safety. conduct, verbal threats, intimidation or abuse includes but is not limited to conduct, verbal threats, intimidation or abuse based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex. The Dignity Act defines harassment as the creation of a hostile environment through the tactics noted above. Bullying can be considered a type of harassment.

What sites and events are covered by the Dignity Act? The Dignity Act applies to public schools, BOCES, and charter schools. The Dignity Act applies to incidents on school property (in a school building, athletic playing field, playground, parking lot, school bus). The Dignity Act applies to public school sponsored functions (school-sponsored extra curricular events or activities). The Dignity Act covers incidents that occur on school grounds, at a school-sponsored event or on a school bus. The Dignity Act does not apply to incidents that occur outside of school supervision.

What sites and events are covered by the Dignity Act? In Buffalo, our administrative procedures allow for enforcement of the district Code of Conduct for off-campus bullying and cyber-bullying activity by students that may be related to school. You have broad responsibility to enforce DASA for off-campus incidents. The Dignity Act covers incidents that occur on school grounds, at a school-sponsored event or on a school bus. The Dignity Act does not apply to incidents that occur outside of school supervision.

Why is the Dignity Act needed in New York State? A survey conducted by (Gay, Lesbian, and Straight Education Network) in 2009 revealed that more than 1/3 of LGBT students in New York State stated that harassment, bullying, and name calling are serious problems in their schools. This included harassment based on a person’s weight, physical appearance, and their actual OR PERCEIVED sexual orientation. There is little question that harassment in the form of bullying is seen as a significant problem in our schools by both students and adults alike. Gay, Lesbian, Bisexual, Transgender and Questioning students are frequent targets of school bullying.

School-age children may experience problems with grade failure, suspension, and problems with their peers related to teasing and stigma. Students subjected to harassment and bullying may exhibit declining grades, behavioral issues and impacts to their mental, emotional and physical health. http://www.osborneny.org/NYCIP/ACalltoActionNYCIP.Osborne2011.pdf

Who does what? The Board of Regents and NYSED Provide direction for implementation Local district requirements Policy/Regulation Code of Conduct Dignity Act Coordinator and staff training Student instruction Reporting and response *Direction may include: (1) development of model policies; (2) direct services to school districts (to extent possible) to prevent discrimination and harassment AND to foster an environment where all children can learn free of manifestations of bias. Section 14(1) *Promulgate regulations to assist SD in implementing Article 2: (1) regulations to assist SD in developing measured, balanced and age-appropriate responses to violations of this policy, with remedies and procedures focusing on intervention and education. Section 14(3) The commissioner shall create a procedure under which material incidents of D&H are reported to the department at least on an annual basis. Section 15

How Does the Dignity Act Relate to Codes of Conduct § 12 Discrimination and Harassment Prohibited No student shall be subjected to harassment by employees or students on school property or at a school sponsored function; nor shall any student be subjected to discrimination based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender identity, or sex by school employees or students on school property or at a school sponsored function. Changes to Codes of Conduct must make students, families and school employees aware of the policy.

How Does the Dignity Act Relate to School Staff § 13 Policies and Guidelines Boards of Education shall create policies and guidelines that shall include, but not be limited to: Policies to create a school environment free from discrimination or harassment § 13(1) Guidelines to be used in school training programs to raise the awareness and sensitivity of school employees to potential discrimination or harassment § 13(2)(a) Guidelines to enable employees to prevent and respond to discrimination and harassment § 13(2)(b) School employees should expect changes in school policies and professional development to encourage a school environment free of discrimination and harassment. Policy and guideline changes should enable employees to better prevent and address incidents of harassment and bullying.

Additional Dignity Act Requirements § 13 Policies and Guidelines Boards of Education shall create policies and guidelines that shall include, but not be limited to: §13(3) Guidelines relating to the development of nondiscriminatory instructional and counseling methods Requirement that at least one staff member (Dignity Act Coordinator) at every school be thoroughly trained to handle human relations in the areas of: School Boards of Education will be responsible for ensuring the policies and guidelines for Dignity Act compliance are developed and enforced. race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex

School Dignity Act Coordinator The proposed regulation states that the designation of the school Dignity Act Coordinator shall be approved by the board of education; or in the City of New York – the school principal; or in the case of a charter school – by the board of trustees. The proposed regulation states that the designation of the Dignity Act Coordinator shall be approved by: the board of education or in the City of New York – the school principal or in the case of a charter school – by the board of trustees.

School Dignity Act Coordinator Engage in conversations to consider which employee(s) in the school(s) within your school district may be best suited for this position. Keep in mind that the Dignity Act addresses acts of harassment and discrimination involving student to student behavior, as well as faculty/staff to student behavior. To plan for this provision it would be reasonable to engage in conversations to consider which employee or employees would be best suited for this role. In doing so, it is important to keep in mind that the Dignity Act addresses acts of harassment and discrimination involving student to student behavior, as well as faculty/staff to student behavior.

School Dignity Act Coordinator In Buffalo, this means the Principal will be assigned as the official DASA Coordinator in each school. The principal may assign a designee of their choice (administrator or teacher) to fulfill appropriate duties of the Coordinator. Student and/or employee discipline and receiving reports of bullying are the responsibility of a certified administrator. To plan for this provision it would be reasonable to engage in conversations to consider which employee or employees would be best suited for this role. In doing so, it is important to keep in mind that the Dignity Act addresses acts of harassment and discrimination involving student to student behavior, as well as faculty/staff to student behavior.

The Dignity Act and Student Instruction Education Law §801-a Instruction in Civility, Citizenship, and Character Education in Grades K-12 Races Weights National origins Ethnic groups Religions Religious practices Mental or physical abilities Sexual orientations Gender identity Sexes Tolerance, respect for others and dignity include awareness and sensitivity to discrimination or harassment and civility in relations of people of different: Curriculum and instruction will include awareness of and sensitivity towards others. Currently charter schools are excluded. Proposed revision of 100.2(c) Instruction

Why is the Dignity Act needed in New York State? The Dignity Act promotes civility and creates a safe nurturing environment The Dignity Act provides a response to students who are harassed and bullied at school. The Dignity Act addresses the ongoing concerns facing students in our State who do not feel safe and welcomed in their school environment, frequently creating a negative impact on their ability to learn effectively. Furthermore, the Dignity Act addresses preventative measures that will go beyond provide protection after the fact to those who have been harassed or discriminated against, but requires measures that seek to deter the behavior in the first place by teaching students civility, citizenship, character education, tolerance, respect for others, and dignity.

What resources will be available to assist schools in the implementation of the Dignity Act? http://www.p12.nysed.gov/dignityact/ NYSED Dignity Act Web Site Model Dignity Act Code of Conduct Model Curriculum Materials FAQs (students/parents and faculty/staff) Dignity Act Resource Guide and Promising Practices Guide for School Administrators and Faculty New York State Center for School Safety http://nyscenterforschoolsafety.org/ Dignity Act Facebook Page http://www.facebook.com/dignityact Resources are under development and will be available through the Dignity Act web site at: http://www.p12.nysed.gov/dignityact/

Who can schools contact for assistance with the Dignity Act? NYS Education Department DASA@mail.nysed.gov 518-486-6090 NYS Center for School Safety scss@ulsterboces.org 845-255-8989 Please do not hesitate to contact us if you have questions, comments or concerns. We’re here to help!

Who can schools contact for assistance with the Dignity Act? Buffalo Public Schools Crisis Team Bonnie Kirisits 818-4969 Lisa Boehrenger 570-1322 Please do not hesitate to contact us if you have questions, comments or concerns. We’re here to help!