Dignity for All Students Act (Dignity Act): Protecting Students and Yourself

I always wondered why someone didn’t do something about that, then I realized I’m that someone. http://bornthiswayfoundation.org/

Dignity for All Students Act: Primary Requirements & Overview www.p12.nysed.gov/dignityact

Dignity for All Students Act Signed into law by Governor Paterson 9-13-2010 Chapter 482 – Laws of 2010 New Article 2 – Education Law Effective date 7-1-2012 Dignity Act Task Force Dignity Act Work Groups Commissioner’s Regulations effective 7-1-2012

Dignity Act-Related Regulatory Amendments 100.2(c) Instruction in Civility, Citizenship, and Character Education 100.2(l) Code of Conduct 119.6 100.2(jj) Dignity Act Coordinator & Training 100.2(kk) Dignity Act Reporting 80 – 52.21(s) Teacher Certification

No student shall be subjected to harassment by employees or students on school property or at a school function; nor shall any student be subjected to discrimination based on their actual or perceived: race color weight national origin ethnic group religion religious practice disability sexual orientation gender (including gender identity or expression) sex The Dignity Act specifically protects students from being subjected to harassment or discrimination based on their actual or perceived color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex. However, it is important to keep in mind that the intent of the law is to protect all students. For example, while height is not specifically addressed by the law, a student harassed for being short or tall would also be protected.

The Dignity Act applies to all public school districts, BOCES, and charter schools. The Dignity Act applies to incidents on school property (including in a school building, athletic playing field, playground, parking lot, school bus) or at a school-sponsored function (school extra curricular event or activity). The Dignity Act applies to all New York State public elementary and secondary school districts, BOCES, and charter schools. It covers incidents that occur on school property (including a school bus), at a school-sponsored event.

The Dignity Act promotes civility and creates an environment free of discrimination and harassment. The Dignity Act addresses harassment and discrimination of students at school – and works to prevent future incidents of harassment and discrimination. The Dignity Act promotes civility and creates an environment free of discrimination and harassment The Dignity Act addresses harassment and discrimination of students at school – and works to prevent future incidents of harassment and discrimination.

Dignity Act Reporting Basics Annual public school report to the State Education Department summarizing all material incidents of discrimination and/or harassment which occur on school property (including a school bus) and/or at a school function Annual Dignity Act reporting must be submitted to the State Education Department by BOCES, school districts, and charter schools. The purpose of the annual report is to summarize all material incidents of discrimination and/or harassment which occurred on school property (including on school buses) and/or at school functions in the previous school year. The report for the 2012-13 school year will be due at the conclusion of that school year in September 2013.

Defining A Material Incident of Discrimination and/or Harassment A single incident or a series of related incidents where a student is subjected to discrimination and/or harassment by a student and/or employee 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 severe or pervasive nature that: 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 reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety. It is critical that schools keep in mind that only MATERIAL INCIDENTS of discrimination and/or harassment are to be reported on the annual submission to the State Education Department. Material incidents are defined as: A single incident OR a series of related incidents where a student is subjected to discrimination and/or harassment by a student AND/OR employee 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 severe or pervasive nature that: 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 reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety.

Dignity Act Reporting Basics Material incidents of discrimination and/or harassment include, but are not limited to, 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. Material incidents of discrimination and/or harassment include, but not are not limited to, 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.

Annual report of material incidents to NYSED of discrimination and/or harassment that: Are the result of the investigation of a written or oral complaint made to the school principal or other school administrator responsible for school discipline, or to any other school employee; or Are otherwise directly observed by such principal or administrator, or by any other school employee regardless of whether a complaint is made. In addition, the annual report of material incidents of discrimination and/or harassment should only include the following: Incidents that are the result of the investigation of a written or oral complaint made to the school principal or other school administrator responsible for school discipline, or to any other school employee; or • Incidents that are otherwise directly observed by such principal or administrator, or by any other school employee regardless of whether a complaint is made.

Cyberbullying Definition Harassment or bullying through any form of electronic communication which: 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; Reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; Reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student;

Cyberbullying Definition (cont.) Occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation, or abuse might reach school property. Acts of harassment and bullying shall include, but not be limited to, those acts 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 principal, superintendent or their designee is charged with receiving reports of harassment, bullying and discrimination. The principal, superintendent or their designee must lead or supervise the thorough investigation of all reports of harassment, bullying and discrimination, and to ensure that such investigation is completed promptly after receipt of any written reports.

When an investigation reveals verified harassment, bullying or discrimination, the school must take prompt actions reasonably calculated to: end the harassment, bullying or discrimination eliminate any hostile environment create a more positive school culture and climate prevent recurrence of the behavior, and ensure the safety of the student or students against whom such harassment, bullying or discrimination was directed.

ANY school employee who witnesses harassment, bullying or discrimination, or receives an oral or written report of harassment, bullying or discrimination, must promptly orally notify the principal, superintendent or their designee not later than one school day after witnessing or receiving a report of harassment, bullying or discrimination And file a written report with the principal, superintendent or their designee not later than two school days after making the oral report

The principal, superintendent or their designee must promptly notify local law enforcement when they believe that the harassment, bullying or discrimination constitutes criminal conduct

S 801-a. Instruction in civility, citizenship and character education: An emphasis on discouraging acts of harassment, bullying, discrimination Instruction of safe, responsible use of the Internet and electronic communications.

www.nea.org/assets/docs/ESP_STOP_Bully_Health-final.pdf

To implement the Dignity Act in a meaningful manner, an evolving school climate and culture which supports social and emotional development and learning must be proactively supported and nurtured throughout the entire school day and the school year. www.p12.nysed.gov/sss/sedl The Dignity Act also requires that at least one staff member at every school (also known as a Dignity Act Coordinator) be designated and trained to handle human relations in the areas of: race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex.

Building a Safe School Environment A safe school environment needs to encompass the entire school community - including the classroom, cafeteria, library, restrooms, the school bus, the nurse’s office, and the playground. Everyone at school needs to work together to create a climate where bullying is not acceptable. A key aspect of the Dignity Act is creating and fostering an atmosphere where children can learn in a safe and supportive school climate. Therefore, to implement the Dignity Act in a meaningful manner, an evolving school climate and culture which supports social and emotional development and learning must be proactively supported and nurtured throughout the entire school day and the school year. In 2011, the New York State Board of Regents adopted voluntary Guidelines and Resources for Social and Emotional Development and Learning. To access this document, please go the URL on this slide. www.stopbullying.gov/prevention/at-school/build-safe-environment/index.html

www.naesp.org/sites/default/files/BullyingBookmark.pdf

Positive Role Models for All Students ____________________ All Faculty And Staff Should Serve As Positive Role Models for All Students in the School. ____________________ To Effectively Implement the Dignity Act – All Staff Need to Work Toward This Common Goal. All faculty and staff should serve as positive role models for all students in the school. To effectively implement the Dignity Act, all staff need to work toward this common goal.

Creating a positive school environment means establishing and promoting a culture of inclusion and respect that welcomes ALL students.

Review current district policies and procedures to ensure compliance with U.S. Department of Education Office of Civil Rights statutes and regulations which address peer harassment based on race, color, national origin, sex, or disability. As part of the Dignity Act implementation process, this would be an opportune time to review and revise current district policies and procedures to ensure compliance with statutes and regulations enforced by the U.S. Department of Education Office of Civil Rights which address peer harassment based on race, color, national origin, sex, or disability.

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. Federal antidiscrimination laws 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. You can learn more about these laws by accessing the URL on this slide. www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201010.pdf

The Dignity Act, SAVE, 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. This point is further emphasized on the federal Stopbullying.Gov web site where it is pointed out that: School districts may violate Federal civil rights statutes and U.S. Department of Education 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/laws/federal

Case Study www.tolerance.org/bullied The landmark case of Jamie Nabozny, a young man from Minnesota, provides an example of the critical importance of the basic tenets of both the Dignity Act and federal civil rights laws. This example was chronicled in a documentary produced by the Southern Poverty Law Center and available free of charge to schools at www.tolerance.org/bullied. Bullied: A Teaching Tolerance Documentary tells Jamie’s story as he took a stand against the bullying he endured as a middle school and high school student. A key lesson in this film is the need to create an environment safe for all students, including but not limited to, lesbian, gay, bisexual, and transgender students. www.tolerance.org/bullied The New York State Education Department and the Dignity Act Task Force do not endorse or promote any commercial or for-profit programs.

Bullied has been endorsed by the National Education Association. Bullied is a documentary film that chronicles one student’s ordeal at the hands of anti-gay bullies and offers an inspiring message of hope to those fighting harassment today. It can become a cornerstone of anti-bullying efforts in middle and high schools. Bullied includes: A 40-minute documentary film (DVD), with closed captioning and with Spanish subtitles A two-part viewers guide with standards-aligned lesson plans and activities for use in staff development. Bullied is designed to help administrators, teachers and counselors create a safer school environment for all students, not just those who are gay and lesbian. It is also intended to help all students understand the terrible toll bullying can take on its victims, and to encourage students to stand up for their classmates who are being harassed. Bullied has been endorsed by the National Education Association.  The video is designed to help administrators, teachers and counselors create a safer school environment for all students, is intended to help all students understand the terrible toll bullying can take on its victims, and encourage students to stand up for their classmates who are being harassed. This documentary has also been endorsed by the National Education Association. The New York State Education Department and the Dignity Act Task Force do not endorse or promote any commercial or for-profit programs. www.tolerance.org/bullied

To summarize Jamie Nabozny’s case, in 1995 Nabozny sued his Minnesota school district, middle school administrators, and high school administrators based on a violation of the 14th Amendment to the U.S. Constitution which provides for equal protection. Following a lower court’s dismissal, the Seventh Circuit reversed the decision by agreeing that there was a viable claim that Jamie Nabozny’s right to equal protection had been violated by both the school district and the school administrators. The New York State Education Department and the Dignity Act Task Force do not endorse or promote any commercial or for-profit programs. www.tolerance.org/bullied

U.S. Court of Appeals 2nd Circuit Court Decision Anthony Zeno v. PPCSD Case decided December 3, 2012 Award of damages of $1.0 million to Anthony Zeno pursuant to Title VI of the Civil Rights Act of 1964 (damages were originally $1.25 million)

U.S. Court of Appeals 2nd Circuit Court Decision Anthony Zeno (dark skinned bi-racial – half Latino and half white) transferred from a school on Long Island to the PPCSD during 9th grade He was racially harassed for the next 3½ years by other students School district was found to be “deliberately indifferent to his harassment”

U.S. Court of Appeals 2nd Circuit Court Decision The high school was “a racially homogenous school were minorities represented less than 5% of the student population.” Anthony was repeatedly harassed and threatened – both physically and verbally which included calling him a “n…”, hanging a noose in a tree, threatening to lynch him, and rape his sister Students were suspended and family had order of protection NAACP offered to hold racial sensitivity programs at no cost – which the school district declined

U.S. Court of Appeals 2nd Circuit Court Decision Anthony was eventually given an IEP because he was “struggling with acceptance in the school environment” Title IX officer never followed-up or responded to any complaints Mediation was arranged between students and Anthony, but Mrs. Zeno wasn’t informed – and mediator had no training in bias or diversity issues A staff training session was held to address bullying – but racial harassment was not discussed or addressed Anthony graduated with an IEP diploma

Set a tone of respect throughout the entire school day – in the classroom, hallways, cafeterias, stairwells, locker rooms, on playfields, school buses, at school functions, etc. Remember: the Dignity Act applies to student-to-student and faculty/staff-to-student behaviors. www.thinkb4youspeak.com/ForEducators/GLSEN-EducatorsGuide.pdf

www.thetrevorproject.org

Thank You! David Bryant NYS Education Dept 518-486-6090 dbryant@mail.nysed.gov www.p12.nysed.gov/dignityact www.facebook.com/dignityact