Reporting of Incidents Concerning School Safety and the Educational Climate New York State Center for School Safety located at Ulster BOCES Dignity for All Students Act and VADIR

Agenda VADIR Dignity Act Material Incident Examples and Discussion New York State Center for School Safety at Ulster BOCES 2013

What is it? On July 24, 2000, Governor George E. Pataki signed into law the most comprehensive legislative plan in the nation, entitled Project SAVE (Safe Schools Against Violence in Education), to promote a safer and more effective learning environment within New York State's schools. 16 Initial Elements Safe Schools Against Violence in Education NYS SAVE – New York State Center for School Safety at Ulster BOCES 2013

Safe Schools Against Violence in Education Act (SAVE) District-Wide School Safety Plans Building Level Emergency Response Plans Codes of Conduct Teacher Authority/Principal Authority Uniform Violent Incident Reporting (VADIR) New York State Center for School Safety at Ulster BOCES 2013

Safe Schools Against Violence in Education Act (SAVE) Instruction in Civility, Citizenship, and Character Education Health Curriculum Interpersonal Violence Prevention Education School Violence Prevention Training (2 hour violence prevention class) New York State Center for School Safety at Ulster BOCES 2013

Safe Schools Against Violence in Education Act (SAVE) Fingerprinting Whistle Blower Protection Prohibit Silent Resignations Teacher Discipline Assaults on Teachers Child Abuse Reporting Court Notification New York State Center for School Safety at Ulster BOCES 2013

Included in SAVE is the requirement to develop a Uniform Violent Incident Reporting System = New York State Center for School Safety at Ulster BOCES 2013

VADIR Review 20 Categories Violent Incidents Disruptive Incidents Mandatory Reporting (#) Weighted (*) SVI (School Violence Index) SVI = Formula to determine Persistently Dangerous Schools Thresholds for reporting incidents in categories 9-13, 16 and 20 On school grounds, school function or the school bus Reportable whether the offender is known or not and whether victims and/or offenders are enrolled or not. New York State Center for School Safety at Ulster BOCES 2013

An INCIDENT based reporting systemNOT a STUDENT based reporting system. New York State Center for School Safety at Ulster BOCES 2013

Reporting Thresholds Review 1.Suspension from class or activities In-school equivalent of one full day Activities or transportation for five (5) consecutive school days 2.Out of school suspension for the equivalent of one full day 3.Teacher removal (formal 3214 hearing) 4.Referral to counseling / treatment program 5.Transfer to alternative educational setting 6.Law enforcement / Juvenile justice referral New York State Center for School Safety at Ulster BOCES 2013

1.Homicide (#*) 2.Sexual Offenses (#*) 2.1 Forcible Compulsion 2.2 Other Sex Offenses 3.Robbery (#*) 4.Assault w/Serious Physical Injury (#*) New York State Center for School Safety at Ulster BOCES 2013 VADIR Categories (#) Mandatory; (*) Weighted; (#*) Both Each incident may be reported in only ONE category. Use the lowest numbered category. (Highest Ranking Offence)

5.Arson (#*) 6.Kidnapping (#*) 7.Assault with Physical Injury (#*) 8.Reckless Endangerment (#*) New York State Center for School Safety at Ulster BOCES 2013 VADIR Categories (#) Mandatory; (*) Weighted; (#*) Both

9.Minor Altercation 10. Intimidation, Harassment, Menacing or Bullying (IHMB) Item 2: Other Information Regarding Intimidation, Harassment, Menacing and Bullying (IHMB) (All other incidences of IHMB that come to the attention of the administrator are counted here. Schools can keep track using a variety of methods including a notebook, electronically, complaint forms, etc…) 11. Burglary New York State Center for School Safety at Ulster BOCES 2013 VADIR Categories (#) Mandatory; (*) Weighted; (#*) Both

12. Criminal Mischief 13. Larceny or Other Theft Offenses 14. Bomb Threat (#) 15. False Alarm (#) 16. Riot New York State Center for School Safety at Ulster BOCES 2013 VADIR Categories (#) Mandatory; (*) Weighted; (#*) Both

17. Weapons Possession (#*) 17.1 Weapons Confiscated through Routine Security Checks: Upon Entry to Building (scanning devices) 17.2 Weapons Found under Other Circumstances 18. Use, Possession or Sale of Drugs Only (#) 19. Use, Possession or Sale of Alcohol Only(#) 20. Other Disruptive Incidents Gang Related Bias Related New York State Center for School Safety at Ulster BOCES 2013 VADIR Categories (#) Mandatory; (*) Weighted; (#*) Both

VADIR Example Jamie reports to the Principal that another student (does not want to give his name) has repeatedly called him a retard. Student reports a second incident to Principal (again, no name is given). The same offending student (now displaying anger) said Jamie is retarded, dumb and can’t read like other kids. Student reports a third incident of continued name calling, offender’s anger is getting worse and is threatening to fight (still no name provided). First name calling offense in COC = verbal warning Second name calling incident = half hour of detention Third offense, threats of violence = referral to anger management program New York State Center for School Safety at Ulster BOCES 2013

VADIR Forms FORMS: Individual Violent and Disruptive Incident Report Summary of Violent and Disruptive Incidents Form District Incident Reporting Form: Only to be used when an incident is not linked to a specific building VADIR reports must be kept until the youngest person involved in the incident is 27 years old. Persistently Dangerous Schools may need to keep forms for longer Submit Data to NYSED Portal. Open this year Aug 19-Sept 27 th 2013 New York State Center for School Safety at Ulster BOCES 2013

Clearly Describe the Incident Be specific List details of injuries Note the conclusion Keep your records VADIR – Until youngest involved is 27 New York State Center for School Safety at Ulster BOCES 2013

Clearly Document Vague or IncompleteClearly Written Two students were fighting and one got seriously hurt. Jenny called Rose’s boyfriend names so Rose hit Jenny in the mouth causing it to bleed. Jenny went to the hospital where she received four stitches. A student threw a snowball at another student. Dan forcefully threw a hard, icy snowball at Joe and hit him on the cheek. Joe went to the nurse and his cheek started to swell and get black and blue. One student violently attacked another student with weapon projectiles. During Home and Careers Cooking Class Bob and T.J. began horse playing. The two boys were separated. Several minutes later Bob started to throw marshmallows across the room at T.J. Another student was hit with several marshmallows. New York State Center for School Safety at Ulster BOCES 2013 VADIR #4 Assault w/ Serious Physical Injury VADIR #7 Assault w/ Physical Injury VADIR #20 Other Disruptive Incident -if it meets the threshold

New York State Center for School Safety at Ulster BOCES 2013

employees No student shall be subjected to harassment by employees or students on school property or at a school function; 21 §12(1) Dignity Act New York State Center for School Safety at Ulster BOCES 2013

Nor shall any 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 sex Includes but is not limited to the above classes §12(1) Dignity Act New York State Center for School Safety at Ulster BOCES 2013

W h e t h e r a c t u a l o r p e r c e i v e d Did the single incident or series of related incidents …. New York State Center for School Safety at Ulster BOCES 2013

Bias Type Race National Origin Religious Practice GenderSexDisability Ethnic Group ColorWeightReligion Sexual Orientation Other all Multiple types of bias are all reported New York State Center for School Safety at Ulster BOCES 2013

Material Incident Defined Unreasonably & substantially interferes with a student’s education… affects a student’s mental, emotional and/or physical well- being… causes a student to fear for his or her physical safety? Is it a single incident or series of related incidents that:or or or or New York State Center for School Safety at Ulster BOCES 2013

Was the Material Incident? The result of an investigation of a written or oral complaint? Directly observed?…and there is protection for people reporting Who have reasonable cause and act in good faith = immunity from civil liability and retaliatory actions. New York State Center for School Safety at Ulster BOCES 2013

Material Incident Example Student had things taken from his desk and backpack, was pushed against the locker as he was being teased for being gay and was called a “faggot.” He has missed 10 days of school out of fear. New York State Center for School Safety at Ulster BOCES 2013

Dignity Material Incident Forms Individual Form – created by school district Summary of Dignity Act Incidents Form – created by NYSED FORMS: New York State Center for School Safety at Ulster BOCES 2013

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Dignity Form Components material incidents resulting from an investigation observed  Report all material incidents of discrimination and harassment resulting from an investigation or observed  Four data elements type of bias (11 named classes / other?) offender - student and/or employee location Involved physical contact and/or verbal threats, intimidation or abuse (specified on next slide) New York State Center for School Safety at Ulster BOCES 2013

Involve physical contact and/or verbal threats, intimidation or abuse? intimidation or abuse but no verbal threat or physical contact verbal threat but no physical contact physical contact but no verbal threat verbal threat and physical contact New York State Center for School Safety at Ulster BOCES 2013

Clearly Document Vague or IncompleteClearly Written Nancy was threatening Gracie.Nancy repeatedly called Gracie a sissy, coward and chicken because she was “so small.” [Teacher gave Nancy a verbal warning.] Behavior escalated, Nancy often bumped into Gracie in the halls to intimidate her; [she received after school detention]. Then she told Gracie to expect a fight in the locker room. Gracie told a counselor she was scared and didn’t go to gym for two weeks. Nancy received a day of ISS. Dan wrote “Joyce is a slut!” on the boy’s bathroom wall. Dan wrote “Joyce is a slut!” on the boy’s bathroom wall. Since Joyce broke up with Dan, he has been repeatedly calling her a slut, whore and worse names. She is so embarrassed and skips the class the two attend. New York State Center for School Safety at Ulster BOCES 2013

Type of Incident? Friends? Intentional? Power Imbalance? Horseplay ? Conflict ? Bullying ? Harassment ? Target’s perceptions New York State Center for School Safety at Ulster BOCES 2013

VADIR or Material Incident? Janet threw a rock towards Jim's face. The rock hit Jim on the face, he was taken to the emergency room and was diagnosed with a concussion. Janet was an offender in three incidents involving Jim, repeatedly calling him “a Muslim.” In the last incident during an investigation witnesses said Janet yelled: “You are a terrorist!” when she threw a rock at Jim. He was taken to the emergency room and was diagnosed with a concussion. He was scared to come back to school. New York State Center for School Safety at Ulster BOCES 2013 VADIR #8 Reckless Endangerment VADIR #4 Assault with Serious Physical Injury VADIR #4 Assault with Serious Physical Injury AND MI

VADIR, Material Incident or Both? 1.Student had something taken from his desk; 2.Had sandwiches taken and smashed during lunch in the cafeteria, (so far, never missed school); 3.Was pushed against the locker and teased because he was fat and would not fight back; 4.Was repeatedly called a "fatty, fatty!"; 5.Was threatened to have the crap beaten out of him ……now, he was afraid and not going to lunch in the cafeteria and was missing gym class. New York State Center for School Safety at Ulster BOCES 2013

VADIR, Material Incident or Both? Intimidation, harassment, menacing or bullying (IHMB) = VADIR or Dignity?? VADIR – category #10 VADIR – Item #2 Dignity – Material Incidents (MI) New York State Center for School Safety at Ulster BOCES 2013

Q&A?? New York State Center for School Safety at Ulster BOCES 2013

NYS Center for School Safety NYS Center for School Safety Facebook page Christine Downs, Sherry Runk, NYS Education Department vadir dignityact Dignity for All Students Act Facebook page 38 Resources New York State Center for School Safety at Ulster BOCES 2013