March 24, 2012

2012 NYSCSS Annual Conference Crossroads of Change: The Common Core in Social Studies

Chapter 482 of the Laws of 2010 New York State Education Law Article 2 (effective July 1, 2012)

The Dignity for All Students Act (The Dignity Act)

GLSEN, the Gay, Lesbian and Straight Education Network, is the leading national education organization focused on ensuring safe schools for all students. Established in 1990, GLSEN envisions a world in which every child learns to respect and accept all people, regardless of sexual orientation or gender identity/expression. GLSEN seeks to develop school climates where difference is valued for the positive contribution it makes to creating a more vibrant and diverse community. For information on GLSEN's research, educational resources, public policy advocacy, student organizing programs and educator training initiatives

The 2009 survey of 7,261 middle and high school students  GLYSEN reported that more than one third (39%) of New York Students felt that bullying, name calling and harassment is a serious problem at school.  52% reported that students were harassed because they were or were perceived to be lesbian, gay, or bi-sexual with only 5% identified as being so  24% reported “often” or “very often”  55% of students reported that students were bullied or harassed “sometimes” because of the way they expressed their gender  23% reported “often” or “very often”  66% of students reported that people at school were harassed at least “sometimes” because of their looks or body size  38% reported “very often”

The Dignity Act provides  Students with a safe and supportive environment free from discrimination, intimidation, taunting, and harassment on school property, on a school bus, or at a school function  No student shall be subjected to harassment, discrimination, or bullying by employees or students

 actual or perceived race  Color  weight  national origin  ethnic group  religion  religious practice  Disability  sexual orientation  gender identity, or  sex **Covered by Federal Civil Rights Legislation**

 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

 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.  In January 2011 the Board of Regents recommended the formation of a Dignity Act Task Force comprised of key stakeholder groups, advocates, and the Department staff to guide the implementation process.

 Curriculum & Instructional Design  Co-Chairs: NYSED & NYSUT  Professional Development  Co-Chairs: NYSCSS (for NYSED) & ADL  Local Policy & Implementation  Co-Chairs: NYSED & GLYSEN  State Policy & Implementation  Co-Chairs: NYSED & NYCLU

The Dignity for All Students Act (The Dignity Act)

 Board Policy  Board must establish policies addressing required components of The Dignity Act  Code of Conduct  Revision to reflect new language  Age-appropriate, plain-language copies distribution at the start of the school year (July 2012)

 Provisions prohibiting discrimination and harassment against any student by employees or students on school property or at a school function, that creates a hostile environment by conduct, with or without physical contact and/or by verbal threats, intimidation or abuse, of such a severe nature that: (1) has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional and/or physical well- being; or (2) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety. Such conduct shall include, but is not limited to, threats, intimidation or abuse based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender, or sex;

 Provisions for responding to such acts of discrimination or harassment against students by employees or students on school property or at a school function;  A bill of rights and responsibilities of students which focuses upon positive student behavior and a safe and supportive school climate, which shall be written in plain-language, publicized and explained in an age-appropriate manner to all students on an annual basis; and  Guidelines and programs for in-service education programs for all district staff members to ensure effective implementation of school policy on school conduct and discipline, including but not limited to, guidelines on promoting a safe and supportive school climate while discouraging, among other things, discrimination or harassment against students by students and/or school employees, and including safe and supportive school climate concepts in the curriculum and classroom

 Identify Key Individuals as Dignity Act Coordinator (DAC)  A DAC must be appointed for each building and must be available to go to every school as needed and be readily accessible to other staff for consultation and advice as needed by telephone or other means of communication  Establish Plan for Training DAC

 Student Instruction  Education Law 801-a- Instruction in Civility, Citizenship, and Character Education correlate with one another in the instruction of honesty, tolerance, personal responsibility, respect for others, observance of laws, courtesy and dignity  Tolerance, respect for others and dignity include awareness and sensitivity to discrimination or harassment and civility in relations to people of different races, weights, national origins, ethnic groups, religions, religious practices, mental/physical disabilities, sexual orientations, gender identity, and sexes (NYSCSS 2011)

 Reporting and Response  Reporting shall delineate the specific nature of such incidents of discrimination and harassment on school grounds or at a school function through the use of a uniform violent incident reporting (UVIR)  This system is already required as part of the VADIR system currently in place

 Current Policies/ Procedures  Code of Conduct  Board Policy  Project Save Requirements/ Guidelines  Common Core State Standards (CCSS)  APPR **Districts will not have to reinvent the wheel**

Legal Implications…

 Administration must be proficient in First and Fourteenth Amendment Constitutional Law  Local policies/procedures need to be designed to protect students and limit institutional and personal liability in situations where action is taken  Clear statements that bullying/harassment, including cyberbullying and sexting, are inappropriate and will not be tolerated and prohibits the use of either school or personal information technology devices to either bully or harass.

 Addressing incidents that take place off-campus and endanger the health and safety of students within the educational system or adversely affect the educational process **This is a rapidly evolving area of Constitutional Law**

Case Law…

 Morse v. Frederick (Sexting)  Upheld a school districts mission to avoid the distribution of pornographic or obscene material among its students  Bethel School District v. Fraser  “Plainly offensive” standard  Tinker v. Des Moines  “Materially and substantially disruptive of the educational process” standard  Wisniewski v. Board Of Education of the Weedsport C.S.D. (No Violation of First Amendment)  Upheld a student suspension for making a threat against one of the districts teachers from a home computer

Further Considerations…

 The Children’s Internet Protection Act (CIPA)  Primary Federal Law concerning offensive content over the internet on school and library computers  Internet Safety Policies  Districts must consider Social Networking and Instant Messaging Centers in supporting/ discouraging their use ▪ Establishing specific parameters to ensure staff, students, and persons in parental relation to students are not placed at risk

THE END

Jalloh, M. (2011). An Overview of the law. NYSED. Lambert, M (2011). Legal Implications of Bullying for School Districts. Putnam Northern Westchester BOCES. Lerman, B (2010). Addressing Bullying: Policy and Practice. Principal Leadership. King, Jr., J. (2011). Guidance on Bullying and Cyberbullying. NYSED. King, Jr., J. (2011). Dignity for All Students Act and the Integrations of Violent and Disruptive Incident Reporting System. NYSED. The University of the State of New York (2010). School Safety Plans Guidance. Safe Schools Against Violence in Education (SAVE). NYSED.