The Dignity for All Students Act Preventing and Addressing Bias-Based Harassment in Schools

 To teach students that certain speech is inappropriate for school while teaching them respect for the First Amendment.  To respect the legitimacy of students’ privacy, opinions, and ideas while creating a safe school environment for everyone.  To establish high, but realistic, expectations for young people. Addressing Bullying is a Balancing Act

The Dignity for All Students Act (N.Y. Educ. Law §§10-18, 801-a)  Requires districts and schools to prevent, monitor, and address bullying through:  Staff training  Designation of an anti-bullying coordinator  Sensitivity and tolerance curricula for students  Enhanced transparency  Code of conduct language explaining policies and consequences  Starting with the school year.

THE GOOD NEWS  The State Education Department is working with advocates to create a statewide anti-bullying task force that will create model policies, trainings, and curricula for districts before the 2012 deadline.  20-member task force  Advocacy groups  NYSUT  Administrators  Parents & Students

Working Groups  Four Working Groups:  State policy  Local policy  Curriculum  Professional development  Parents and educators are encouraged to get involved with the working groups.

“Harassment” is:  “the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety” N.Y. Educ. §11(7) (2010)

The Dignity Act Covers:  Bullying & harassment by students AND adults  “School property” and “school functions”  Bullying & harassment for any reason

Bias-Based Harassment  Schools have a longstanding obligation to protect students from harassment on the basis of race, color, national origin, gender, disability, and religion  Title VI, Title IX, Title II, and Section 504  Dear Colleague letter from US DOE October 26, 2010  The Dignity Act expands this obligation to harassment that is not related to a protected characteristic.

“Cyber Bullying”  The Dignity bill prohibits bullying on school property or at a school function.  Educators are not expected to “spy” on students’ out-of- school communications. Educational resources should not be used to seek out online communications that are inappropriate.  But, educators should be willing to step in when cyber bullying affects a students’ ability to function in school.

“Cyber Bullying”  Students have a right to free speech, especially when that speech occurs off-campus.  Including unpleasant, hurtful, offensive, or mean speech.  Response shouldn’t be exclusion or censorship. Cyber bullying, like all bullying, should be used as a learning experience.  Usually doesn’t exist in a vacuum.  Is not necessarily “worse” than other bullying.

What Can Districts Do Now?  Designate a staff anti-bullying coordinator  Create and publicize a confidential complaint mechanism  Create a procedure for responding to bullying incidents  Offer training, counseling, and other positive alternatives to suspension  Seek out anti-bullying resources:  USDOE:  GLSEN:  HHS:

Johanna Miller Public Policy Counsel Thank You!