1. New York State Dignity For All Students Act (Dignity Act): An Overview For School Administrators and Personnel New York State Education Law Article 2 (effective July 1, 2012)
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.

2. It is hereby declared to be the policy of New York State to
afford all students in
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, This legislation amended State Education Law by creating a new Article 2 – Dignity For All Students.

3. The Board of Regents and NYSED
To prepare for the implementation of the Dignity Act by July 1, 2012; regulatory, policy, and procedural requirements must be developed, promulgated, and enacted by the Board of Regents, the State Education Department, and school districts.
At the January 2011 meeting of the Board of Regents, staff recommended the formation of a Dignity Act Task Force comprised of key stakeholder groups, advocates, and Department staff to guide the implementation process.
The Dignity Act amended Section 801-a of New York State Education Law regarding instruction in civility, citizenship, character education, tolerance, respect for others, and dignity. This includes an awareness and sensitivity in the relations of people, including but not limited to, different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, gender identity or expression, and sexes. Schools will be responsible for collecting and reporting data on such incidents of discrimination and harassment.
The Dignity Act also amended Section 2801 of the Education Law, instructing Boards of Education to include language in school codes of conduct to comply with the Act.

4. Dignity Act Task Force
OCEANSIDE UNION FREE SCHOOL DISTRICT

5. 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. ( )

6. 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.

7. Bullying and Federal Civil Rights Violations
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 Dignity Act does not alter existing anti-discrimination obligations under federal law (Titles II, VI, IX, Section 504, etc.), including the requirement of adopting and publishing a nondiscrimination policy. For guidance on developing a nondiscrimination policy, please visit the Office for Civil Rights website (

8. Dignity Act Task Force Work Groups
State Policy & Implementation
Co-Chairs: NYSED & NYCLU
Local Policy & Implementation
Co-Chairs: NYSED & GLSEN
Professional Development
Co-Chairs: NYSCSS (for NYSED) & ADL
Curriculum & Instructional Design
Co-Chairs: NYSED & NYSUT
Outreach
Co-Chairs: NYSED & Empire Pride Agenda

9. 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 physical 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.

10. 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.

11. 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.

12. Recent Refugees to NYS of Various National Origins and Ethnic Groups
A total of 4,560 refugees resettled in NYS in FFY 2010, a 3% increase over Upstate New York resettled 4,099 refugees (90%) and NYC resettled 461 refugees (10%)
Students perceived to be “different” are often targets, including refugees and recent immigrants who may speak, dress, or behave in ways unfamiliar to many students.
Children and Youth with Disabilities are frequently targeted as well.
Students with a wide range of physical, developmental, intellectual, emotional and sensory disabilities are more likely to be bullied than children without disabilities.
children with learning disabilities are more likely to be teased and physically bullied than their non-disabled peers;
children with attention deficit hyperactivity disorder (ADHD) are more likely than other children to be bullied than children without ADHD;
children with visible disabilities such as cerebral palsy, muscular dystrophy, and spina bifida) are more likely to be subject to name calling and physical bullying than their non-disabled counterparts;
Sources:
“Bullying Among Children and Youth with Disabilities and Special Needs;” HRSA,
“BULLYING AND STUDENTS WITH DISABILITIES, A Briefing Paper from the National Council on Disability” Jonathan Young, Ph.D., J.D.; Ari Ne’eman; Sara

13. 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.

14. 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.

15. How Does the Dignity Act Relate to SAVE requirements
The Dignity Act impacts the following SAVE requirements:
Code of Conduct
CR 100.2(l)
Uniform Violent Incident Reporting (UVIR)
CR 100.2(gg)
The Dignity Act will require schools to address discrimination and harassment in their Codes of Conduct.
Schools will also be required to report incidents involving discrimination and harassment specific to the Dignity Act category for which the student was targeted.

16. 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.

17. How Does the Dignity Act Relate to Codes of Conduct
An age-appropriate version
of the policy
written in plain-language
shall be included in the
code of conduct
The language used in the code of conduct should be easily understood by the audience for which it is intended.
Codes of Conduct are required to be posted on school websites so that they are accessible to families, students, employees and community members.
NOTE: Codes of Conduct are to be posted on the school web site

18. 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
Guidelines to be used in school training programs to raise the awareness and sensitivity of school employees to potential discrimination or harassment
Guidelines to enable employees to prevent and respond to discrimination and harassment
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.

19. The Dignity Act and Uniform Violent Incident Reporting
§ 15. Reporting by Commissioner
The commissioner shall create a procedure under which material incidents of discrimination and harassment on school grounds or at a school function are reported to the department at least on an annual basis.
Such procedure shall provide that such reports shall, wherever possible, also delineate the specific nature of such incidents of discrimination or harassment, provided that the commissioner may comply with the requirements of this section through use of the uniform violent incident reporting system.
Dignity Act incident reporting will be done under the same system that currently allows for the reporting of Violent and Disruptive Incidents, though incidents reportable under the Dignity Act will not impact a School’s Violence Impact unless they also fall under a Violent And Disruptive Incident category.

20. The Dignity Act and School Employees
EMPLOYEE TRAINING NOTE
At least one employee in each school must be trained to be the Dignity Act Coordinator.
The Dignity Act Coordinator must be accessible to students and other employees for consultation and advice – as needed
In smaller districts, the employee designated as the Dignity Act Coordinator may be assigned to work in multiple schools
There is no requirement to hire a new employee to fulfill this role – an existing person may receive the training
Schools will be required to identify at least one individual who will be responsible for the coordination of Dignity Act requirements, response and reporting at the school level.

21. Additional Dignity Act Requirements
§ 13. Policies and Guidelines
Boards of Education shall create policies and guidelines that shall include, but not be limited to:
Guidelines relating to the development of nondiscriminatory instructional and counseling methods
Requirement that at least one staff member 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
National Origin
Weight
Ethnic group
Religion
Religious practice
Disability
Sexual orientation
Gender identity
Sex

22. The Dignity Act and Student Instruction
Education Law §801-a – Instruction in Civility, Citizenship, and Character Education
Grades K-12
Honesty, tolerance, personal responsibility, respect for others, observance of laws, courtesy, dignity.
The Dignity Act will impact curriculum as well. Educators in grades K-12 will be required to teach students civility and social skills to encourage a welcoming and positive school environment.

23. The Dignity Act and Student Instruction
Tolerance, respect for others, and dignity include awareness and sensitivity to discrimination or harassment and civility in relations of people of different:
Races
Weights
National origins
Ethnic groups
Religions
Religious practices
Mental or physical abilities
Sexual orientations
Gender identity
Sexes
Curriculum and instruction will include awareness of and sensitivity towards others.

24. What resources will be available to assist schools in the implementation of the Dignity Act?
NYSED Dignity Act Web Site
Model Code of Conduct
Model Curriculum Materials
FAQs (students/parents and faculty/staff)
NYSED P-12 News and Notes Articles
New York State Center for School Safety
Dignity Act Facebook Page
Dignity Act Public Outreach Forums
Dignity Act Statewide Conferences
Resources are under development and will be available through the Dignity Act web site at:

25. The website will also include links to helpful resources developed by other organizations.

26. Who can schools contact for assistance with the Dignity Act?
NYS Education Department
NYS Center for School Safety
Please do not hesitate to contact us if you have questions, comments or concerns. We’re here to help!