1. New York State Dignity For All Students Act (The Dignity Act) An Overview of the Law New York State Center for School Safety 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. Let’s Get Real…..

3. The Dignity Act Legislative Intent: Provide all students In New York
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.

4. Legislative Intent
“…the Legislature intends Dignity to be primarily a preventive, rather than punitive, measure; it should therefore be implemented accordingly, with the emphasis on proactive techniques such as training and early intervention to prevent discrimination and harassment.”
Daniel O’Donnell, Member of Assembly September 7, 2010

5. Dignity Act Basics Signed into law September 13, 2010
Takes effect July 1, 2012
Addresses issues related to harassment and discrimination in schools – including amendments to codes of conduct
Amended State Education Law by creating a new Article 2 – Dignity for All Students
Amended Section 801-a of State Education Law regarding instruction in civility, citizenship, and character education by expanding the concepts of tolerance, respect for others and dignity
The Dignity Act was signed into law on September 13, 2010, and takes effect on July 1, The Dignity Act address issues ranging from harassment and discrimination in schools, which may include bullying, to integrating key principles related to such acts in the school’s existing Code of Conduct.
This legislation amended Education Law by creating a new Article 2 – Dignity For All Students, and also amended Section 801-a of the Education Law regarding instruction in civility, citizenship, and character education by expanding the concepts of tolerance, respect for others and dignity.

6. The Dignity Act What does it include?
Link to Federal civil rights statute
Why is the Dignity Act needed in NYS?
Who has to do what?
Where can I go for more information?

7. 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. ( )

8. race color weight national origin ethnic group religion
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.

9. School districts may violate Federal civil
Consider the link between the NYS Dignity Act 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.
The Federal web site launched in the Fall of 2011 ( includes a section on Federal civil rights issues. It states that 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.

10. Office for Civil Rights
U.S. Department of Education
Office for Civil Rights
Dear Colleague Letter Harassment and Bullying (October 26, 2010)
Background, Summary, and Fast Facts
To follow-up on this point, please be aware that the U.S. Department of Education Office of Civil Rights sent a letter to all school superintendents on October 26, 2010 with a reminder that once a school knows or reasonably should know of possible student-on-student harassment, it must take immediate and appropriate action to investigate or otherwise determine what occurred.
This fact sheet summarizing this letter can be accessed at the URL on this slide.
www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet pdf

11. Review the October 2010 letter to schools from the U. S
Review the October 2010 letter to schools from the U.S. Department of Education Office for Civil Rights
The October 26, 2010 letter from the U.S. Department of Education Office of Civil Rights also included a reminder that student misconduct which falls within a school’s anti-bullying policy may trigger responsibilities under one or more Federal antidiscrimination laws enforced by the Office of Civil Rights.
The specific text of this letter can be accessed at the URL on this slide.
www2.ed.gov/about/offices/list/ocr/letters/colleague pdf

12. 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
The Federal antidiscrimination laws referred to by the Office of Civil Rights 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.
www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet pdf

13. 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 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.

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. 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.

16. 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.

17. 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.

18. Who has to do what? The Board of Regents and NYSED
Provide direction for implementation
Local district requirements
Policy
Code of Conduct
Dignity Act Coordinator and staff training
Student instruction
Reporting and response
*Direction may include: (1) development of model policies; (2) direct services to school districts (to extent possible) to prevent discrimination and harassment AND to foster an environment where all children can learn free of manifestations of bias. Section 14(1)
*Promulgate regulations to assist SD in implementing Article 2: (1) regulations to assist SD in developing measured, balanced and age-appropriate responses to violations of this policy, with remedies and procedures focusing on intervention and education. Section 14(3)
The commissioner shall create a procedure under which material incidents of D&H are reported to the department at least on an annual basis. Section 15

19. 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.

20. Dignity Act Task Force
A task force of key stakeholder groups in the education community, advocates, and Department staff continues to guide the implementation process. This slide represents some of the organizations involved in the development of policy and guidance for implementing the Dignity Act.
OCEANSIDE UNION FREE SCHOOL DISTRICT

21. 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 & NYSU
Outreach
Co-Chairs: NYSED & Empire Pride Agenda
This Task Force was originally comprised of four Advisory Work Groups charged with conducting research and making recommendations to the members of the larger Task Force.
The original four Advisory Work Groups include: (1) Local Policy and Implementation; (2) State Policy and Implementation; (3) Professional Development; and (4) Curriculum and Instructional Design. A fifth work group, (5) Outreach, was added in September, 2011 to focus on promoting awareness of the law and its protections and requirements.

22. How Does the Dignity Act Relate to SAVE requirements
The Dignity Act impacts the following SAVE requirements
Code of Conduct
CR 100.2(l)
Instruction in Civility, Citizenship and Character Education
CR 100.2(c)
Reporting
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.

23. 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.

24. 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.

25. How Does the Dignity Act Relate to Codes of Conduct
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
Finally, the amendment to Commissioner’s Regulation 100.2(l) also addresses the need to respond to potential acts of discrimination or harassment against students – while focusing on creating and fostering an atmosphere which focuses on positive student behavior, including a safe and support school climate.

26. 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 § 13(1)
Guidelines to be used in school training programs to raise the awareness and sensitivity of school employees to potential discrimination or harassment § 13(2)(a)
Guidelines to enable employees to prevent and respond to discrimination and harassment § 13(2)(b)
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.

27. Additional Dignity Act Requirements
§ 13 Policies and Guidelines
Boards of Education shall create policies and guidelines that shall include, but not be limited to:
§13(3)
Guidelines relating to the development of nondiscriminatory instructional and counseling methods
Requirement that at least one staff member (Dignity Act Coordinator) 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, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex

28. School Employee Training
Key goals of the proposed school employee training program are to:
raise the awareness and sensitivity to potential acts of discrimination and harassment directed at students that are committed by students or school employees on school property or at a school function
enable employees to prevent and respond to incidents of discrimination and harassment
raise employee’s awareness and understanding of the Code of Conduct
Training may be implemented and conducted in conjunction with existing professional development training pursuant to 100.2(dd)(2)(ii).
The key goals of the school employee training are to:
raise the awareness and sensitivity to potential acts of discrimination and harassment directed at students – that are committed by students or school employees on school property or at a school function;
enable employees to prevent and respond to incidents of discrimination and harassment; and
raise employee’s awareness and understanding of the Code of Conduct
Employee training may be conducted in conjunction with existing professional development pursuant to Commissioner’s Regulation 100.2(dd)(2)(ii).

29. School Dignity Act Coordinator
The proposed regulation states that the designation of the school Dignity Act Coordinator shall be approved by the board of education; or in the City of New York – the school principal; or in the case of a charter school – by the board of trustees.
The proposed regulation states that the designation of the Dignity Act Coordinator shall be approved by:
the board of education
or in the City of New York – the school principal
or in the case of a charter school – by the board of trustees.

30. School Dignity Act Coordinator
Engage in conversations to consider which employee(s) in the school(s) within your school district may be best suited for this position.
Keep in mind that the Dignity Act addresses acts of harassment and discrimination involving student to student behavior, as well as faculty/staff to student behavior.
To plan for this provision it would be reasonable to engage in conversations to consider which employee or employees would be best suited for this role.
In doing so, it is important to keep in mind that the Dignity Act addresses acts of harassment and discrimination involving student to student behavior, as well as faculty/staff to student behavior.

31. The Dignity Act and Student Instruction
Education Law §801-a Instruction in Civility, Citizenship, and Character Education in Grades K-12
Races
Weights
National origins
Ethnic groups
Religions
Religious practices
Mental or physical abilities
Sexual orientations
Gender identity
Sexes
Tolerance, respect for others and dignity include awareness and sensitivity to discrimination or harassment and civility in relations of people of different:
Curriculum and instruction will include awareness of and sensitivity towards others.
Currently charter schools are excluded.
Proposed revision of 100.2(c) Instruction

32. The Dignity Act and 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.
Reporting method to be determined. (SR)
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.

33. Current State-Level Activities
DRAFT Regulatory Amendments Under Revision
8 NYCRR (c): Instruction in Instruction In Civility, Citizenship, and Character Education
8 NYCRR 100.2(l): Code of Conduct
DRAFT Regulation in Development (NEW)
8 NYCRR (jj): Dignity Act Professional Development
In accordance with specific provisions of the Dignity Act statute, the State Education Department has developed recommendations that the Board of Regents amend two Commissioner’s Regulations, as well as create a new regulation to address the designation of a Dignity Act point person in each school.
These will be discussed in-depth in the following slides.
Check the NYS Register for opportunities to comment on DRAFT regulatory amendments at:

34. January 2012: Items to Regents
Amendment of section 100.2(c) of the Commissioner's Regulations, Relating to Instruction in Civility, Citizenship and Character Education
Amendment of section 100.2(l) of the Commissioner's Regulations, Relating to Codes of Conduct
In 45 day review period now

35. February 2012: Item to the Regents
Addition of section 100.2(jj) of the Commissioner’s Regulations, Relating to School Employee Training
In 45 day review period now
Pending: regulation for reporting

36. How does The Dignity Act relate to safety issues in schools?
Expected behavior: your code of conduct
Consistent enforcement with appropriate responses to violations
Staff training (all staff)
Reporting: disruptive activity already required to be included as part of VADIR
Perpetrator or victim?

37. 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.

38. The Dignity Act: School Climate & Culture www.p12.nysed.gov/sss/sedl
A key theme throughout the Dignity Act is the creation of a safe and supportive school environment for all students through the integration of positive school climate in all aspects and areas of the school day.
Voluntary Guidelines and Resources for Social and Emotional Development and Learning (or SEDL) were adopted by the Board of Regents in July 2011.

39. The Dignity Act: School Climate & Culture www.p12.nysed.gov/sss/sedl
The purpose in issuing voluntary Social and Emotional Development and Learning (SEDL) Guidelines is to offer school districts compelling information, example and evidence of SEDL in elementary and secondary school education programs.
The Guidelines and accompanying resources seek to persuade school leaders, faculties, planning teams and parents that social and emotional development and learning is within reach through a range of approaches that serve as entry points and avenues for expansion.
The purpose in issuing voluntary Social and Emotional Development and Learning (SEDL) Guidelines was to offer school districts compelling information, examples and evidence of SEDL in elementary and secondary school education programs.
The Guidelines and accompanying resources seek to persuade school leaders, faculties, planning teams, and parents that social and emotional development and learning is within reach through a range of approaches that serve as entry points and avenues for expansion.
The SEDL Guidelines are available at the URL on this page.

40. What resources will be available to assist schools in the implementation of the Dignity Act?
NYSED Dignity Act Web Site
Model Dignity Act Code of Conduct
Model Dignity Act Local Policies
Model Curriculum Materials
FAQs (students/parents and faculty/staff)
Dignity Act Resource Guide and Promising Practices Guide for School Administrators and Faculty
NYSED P-12 News and Notes Articles
New York State Center for School Safety
Dignity Act Facebook Page
Resources are under development and will be available through the Dignity Act web site at:

41. 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!

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

43. iVillage…..