Revised 12/2017
The New York State
Dignity for All Students Act:
A Resource and Promising Practices
Guide for School Administrators &
Faculty
Education Law, Article 2: The legislature
finds that students’ ability to learn and
to meet high standards, and a school’s
ability to educate its students, are
compromised by incidents of
discrimination or harassment, including
bullying, taunting or intimidation. It is
hereby declared to be the policy of the
state to afford all students in public
schools an environment free of
discrimination and harassment. The
purpose of this article is to foster civility
in public schools and to prevent and
prohibit conduct which is inconsistent
with a school’s educational mission.
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TABLE OF CONTENTS
Preface 3
Introduction 5
Section I School Climate and Culture 7
Section II Creating an Inclusive School Community: 16
Sensitivity to the Experience of Specific Student Populations
Section III School Personnel including, Supervisors and Principals 27
Section IV The Dignity Act Coordinator 32
Section V Family and Parent Engagement: Communicating with the School Community 35
Section VI Restorative Approaches and Progressive Discipline 37
Section VII Internet Safety and Acceptable Use Policies 45
Section VIII Guidance on Bullying and Cyberbullying 46
_________________________________________________________________
Appendix A Dignity for All Students Act (Dignity Act) 51
Glossary and Acronym Guide
Appendix B Federal Law Requiring Nondiscrimination Policies 61
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Appendix C Selected Resources to Assist in the Implementation 62
of the Dignity Act
Appendix D Selected Resources Consulted 83
Appendix E Dignity Act Task Force Members 84
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PREFACE
The New York State Dignity for All Students Act (Dignity Act): A Resource and Promising
Practices Guide for School Administrators and Faculty was developed by the Dignity Act Task
Force to assist schools in implementing the Dignity for All Students Act.
The Dignity Act added Article 2 to the Education Law (Education Law §§10 through 18). These
provisions took effect on July 1, 2012. In June 2012, the Legislature enacted Chapter 102 of the
Laws of 2012, which amended the Dignity Act, effective July 1, 2013, to, among other things,
include cyberbullying as part of the definition of “harassment and bullying” (Education Law §11[7],
[8]) and require instruction in safe, responsible use of the Internet and electronic communications
(Education Law §801-a). Chapter 102 also included a requirement that school professionals
applying for a certificate or license on or after July 1, 2013 complete training on the social patterns
of harassment, bullying and discrimination. However, this timeframe was extended until
December 31, 2013 pursuant to Chapter 90 of the Laws of 2013 (Education Law
§14[5]).
1
This resource guide, originally released in 2012, has been updated to reflect these amendments
to the Dignity Act. In using this guide, it is important to distinguish between legal requirements
and/or recommended practices. It is also important that communications be consistent in the use
of terms and concepts. An absence of such consistency can lead to misinformation and confusion
which does not advance the purpose of the Dignity Act.
This resource guide includes links to web sites that contain information, resources, and tools to
assist in the implementation of the Dignity Act in your school. Please evaluate each resource to
determine if it is developmentally age appropriate for your school population. The State Education
Department and the Dignity Act Task Force do not endorse any particular programs. The intent
of this document is to provide information only. School districts, charter schools, and BOCES
should consult with their school attorneys regarding specific legal questions. Analyses of
examples and hypothetical situations contained herein do not represent official determination(s)
or interpretation(s) by the Department. Scenarios described in this Guide may be the subject of
an appeal to the Commissioner of Education under section 310 of the Education Law; as a result,
the information contained herein is advisory only and does not necessarily represent the official
legal interpretation of the State Education Department.
The Dignity Act states that it is the policy of the State of New York to afford all students in public
schools an environment free of discrimination and harassment (Education Law §10). Educators
are encouraged to incorporate into core subject areas the principles embodied by the Dignity Act:
that no student shall be subject to harassment or bullying by employees or students on school
property or at a school function; nor shall any student be subjected to discrimination based on a
1
Detailed information on New York State’s requirements for certification as a teacher or other educational
professional may be found on the Office of Teaching Initiatives web site at:
http://www.highered.nysed.gov/tcert.
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person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious
practice, disability, sexual orientation, gender (including gender identity or expression), or sex.
To promote civility in public schools, and to prevent and prohibit conduct which is inconsistent
with a school's educational mission, the Dignity Act requires every school district in New York
State to include an age appropriate version of the State policy in its Code of Conduct (Education
Law §12[2]).
Schools are encouraged to use the resources in this guide to assist in augmenting or developing
programs and lessons. In addition, any core subject area can incorporate Dignity Act principles
into a lesson. Examples of this strategy may include the following:
The following resources may serve as a foundation in developing a comprehensive Dignity Act
program in your school:
Educating the Whole Child Engaging the Whole School: Guidelines and Resources for
Social and Emotional Development and Learning (SEDL) in New York State
www.p12.nysed.gov/sss/sedl/SEDLguidelines.pdf
This guidance document aims to give New York State school communities a rationale and the
confidence to address child and adolescent affective development as well as cognitive
development. By attending to social-emotional factors that may affect students’ brain
development and creating conditions where school environments are safe and supportive,
teachers can teach more effectively, students can learn better, and parents and the
community can feel pride in a shared enterprise. The guidelines and accompanying resources
seek to persuade school leaders, faculties, planning teams and parents that social and
emotional development and learning can be achieved through a range of approaches that
serve as entry points and avenues for expansion.
U.S. Department of Education Office of Safe and Healthy Students
http://www2.ed.gov/about/offices/list/oese/oshs/index.html
The federal Office of Safe and Healthy Students provide resources to school districts to
implement programs and services to prevent violence in schools, as well as drug and
substance abuse. Information on this page is directly related to the requirements and
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provisions of the Act and is especially suited for administrators and others interested in
understanding these requirements. This includes resources related to anti-bullying and
positive school environment resources.
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INTRODUCTION
The Dignity for All Students Act
In enacting the Dignity Act in 2010, the Legislature found that “a student’s ability to learn
and to meet high academic standards, and a school's ability to educate its students are
compromised by incidents of discrimination or harassment including bullying, taunting or
intimidation” (Education Law §10). In support of Chapter 102 of the Laws of 2012, the
legislative findings and intent included the following: “The legislature finds it is vital to
protect all students from harassment, bullying, cyberbullying, and discrimination. In
expanding the provisions of the Dignity for All Students Act, the legislature intends to give
school districts tools to address these harmful acts consistent with the emerging research
in the field. Bullying, harassment, and discrimination pose a serious threat to all students,
including but not limited to students targeted because of actual of perceived race, color,
weight, national origin, ethnic group, religion, religious practice, disability, sexual
orientation, gender, or sex. It is imperative to protect every student from such harm
regardless of whether the student is a member of a specific category.”
2
The Dignity Act prohibits acts of harassment and bullying, including cyberbullying, and/or
discrimination, by employees or students on school property or at a school function,
including but not limited to such conduct those based on a student’s actual or perceived
race, color, weight, national origin, ethnic group, religion, religious practice, disability,
sexual orientation, gender (defined to include gender identity or expression), or sex
(Education Law §12[1]). Cyberbullying is defined as harassment or bullying which takes
place through any form of electronic communication (Education Law §11[8]).
Schools may want to consider whether using the label “bully” is the most effective way to
address an individual’s behavior. It is important to note that the same child, in different
circumstances, may take the role of the bully, the target, or a bystander. Labels do not
reflect the range of roles a student may play. In addition, while a student may not readily
admit to being a “bully,” they may acknowledge engaging in harmful behavior toward
another student. When addressing inappropriate behavior, schools should carefully
consider using language that encourages the most productive and beneficial conversation
with students, staff, and persons in parental relation about what it means to treat others
with dignity and respect.
A key principle in the Dignity Act relates to reporting incidents of harassment, bullying,
and/or discrimination. Pursuant to §100.2(kk) of the Commissioner’s regulations, when
an incident is reported and an investigation verifies that a material incident of
harassment, bullying, and/or discrimination has occurred, the superintendent,
principal or designee shall take prompt action consistent with the district’s Code of
Conduct, reasonably calculated to end the harassment, bullying, and/or discrimination,
eliminate any hostile environment, create a more positive school culture and climate,
2
Chapter 102 of the Laws of 2012, section 1.
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prevent recurrence of the behavior, and ensure the safety of the student(s) against whom
such behavior was directed (8 NYCRR §100.2[kk][2][iv]). The Commissioner’s
regulations define material incidents of harassment, bullying, and/or discrimination to
include:
“a single verified incident or a series of related verified incidents where a student
is subjected to harassment, bullying, and/or discrimination by a student and/or
employee on school property or at a school function. The term also includes a
verified incident of series of related incidents of harassment or bullying that occur
off school property (where such acts create 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) and is the
subject of a written or oral complaint to the superintendent, principal, or their
designee or other school employee” (8 NYCRR §100.2[kk][1][ix]).
Included in the Dignity Act is the prohibition of “cyberbullying,” which is defined as
harassment or bullying which occurs through any form of electronic communication
(Education law §11[8]). The regulation of harassment in the form of cyberbullying may
involve free speech, including constitutional matters regarding the ability of a school
district, BOCES, or charter school to restrict these forms of speech and expression and
to discipline individuals for engaging in them (see e.g. Tinker v. Des Moines Indep.
Community Sch. Dist., 393 US 503 [1969]). This issue will be addressed in Section VII
of this document; however, it is critical to note that although discipline may not always be
a viable option, the school is not precluded from taking actions that support and educate
the students involved in cyberbullying.
SECTION I: SCHOOL CLIMATE AND CULTURE
Establishing and sustaining a school environment free of harassment, bullying, and
discrimination should involve an examination of a school’s climate and culture. School
climate and culture have a profound impact on student achievement, behavior, and
reflects the school community’s culture.
School climate may be defined as the quality and character of school life. It may be based
on patterns of student, parent, and school personnel experiences within the school and
reflects norms, goals, values, interpersonal relationships, teaching and learning practices,
and organizational structures.
Key factors impacting school climate may include, but are not limited to, a person’s
perception of their personal safety, interpersonal relationships, teaching, learning, as well
as the external environment (www.schoolclimate.org/climate). The U.S. Department of
Education Office of Safe and Healthy Students (http://safesupportiveschools.ed.gov)
Safe and Supportive Schools Model emphasizes the core areas of
student/staff/community engagement, safety, physical environment, as well as emotional
environment.
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A school’s culture is largely determined by the values, shared beliefs, and behavior of all
the various stakeholders within the school community and reflects the school’s social
norms.
A presentation developed by Dr. David Osher and Dr. Chris Boccanfuso for the U.S.
Department of Education Safe and Supportive School Technical Assistance Center
further demonstrates the interconnectedness of enhanced academic outcomes and a
school climate where students feel safe, supported, academically challenged, and socially
capable. See:
http://safesupportiveschools.ed.gov/reader.php?upload=/20110303_PresentationFinal210
11SSSTASchoolClimateWebinarpublic.pdf
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The following provides a guide to identifying the key stakeholders in a school – as it
directly relates to school climate and culture.
Who is the School Community?
Factors Impacting School Culture
Students and their families, including persons
in parental relation
Teachers
Administrators
Counselors, social workers, school nurses,
parent coordinators, PTA members
Related service providers
School safety personnel and resource
officers
Cafeteria, custodial, and other support staff
Transportation staff
Community organizations
Staff expectations of student behavior and
academic achievement
School policies and procedures
Consistent and equitable treatment of all
students Equity in, and access to, resources
(budget, space, time, personnel, supplies,
equipment) Equity in, and access to, support
services
Student and family engagement
SCHOOL CLIMATE AND CODES OF CONDUCT
Establishing behavioral expectations for students, staff, and visitors that encourage a
positive and respectful school climate and culture are essential to creating and
maintaining a safe and supportive school community.
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Commissioner’s regulation §100.2(l)(2)(ii)(b) reflects the Dignity Act’s requirement that
boards of education create policies, procedures and guidelines intended to create a
school environment that is free from harassment, bullying and discrimination (see
Education Law §13).
See: www.regents.nysed.gov/meetings/2012Meetings/March2012/312p12a4.pdf
A WHOLE SCHOOL APPROACH – BUILDING STUDENT READINESS
There is an expectation that schools promote a positive school culture that encourages
interpersonal and inter-group respect among students and between students and staff.
To ensure that schools provide all students with a supportive and safe environment in
which to grow and thrive academically and socially, each of the following facets of a school
community must be considered:
Social Environment
• Interpersonal Relations: Students & Staff
• Respect for Diversity
• Emotional Well Being and Sense of Safety
• Student Engagement
• School & Family Collaboration
• Community Partnerships
Physical Environment
• Building Conditions
• Physical Safety
• School Wide Protocols
• Classroom Management
Behavioral Environment,
Expectations &
Supports
• Physical & Mental Well Being
• Prevention & Intervention Services
• Behavioral Accountability
(Disciplinary and Interventional
Responses)
The periodic review of a school’s social, physical, and behavioral environments, as well
as student and staff expectations and supports enable school leaders and personnel to
play a key role in establishing and sustaining school norms that foster a positive culture
and climate in which all students can thrive. There are varying school climate models that
have been developed by organizations, as well as by other states. Many of these models
can be accessed through the U.S. Department of Education’s Office of Safe and
Supportive Schools at http://safesupportiveschools.ed.gov. The National School Climate
Center, an organization dedicated to helping schools incorporate social and emotional
learning with academic instruction, has developed a school climate improvement model
based on a cyclical process of preparation, evaluation, understanding the evaluation
findings and action planning, implementing the action plan, and re-evaluation and
continuing the cycle of improvement efforts. This process enhances student
performance; reduces dropout rates, violence, bullying; while developing healthy and
positively engaged adults. (http://schoolclimate.org/climate/process.php)
SOCIAL AND EMOTIONAL LEARNING
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The State Board of Regents affirmed support for social and emotional learning on July 18,
2011 by formally adopting Educating the Whole Child – Engaging the Whole School:
Guidelines and Resources for Social and Emotional Development and Learning (SEDL)
in New York State www.p12.nysed.gov/sss/sedl/SEDLguidelines.pdf.
In the summary presented to the Board of Regents by State Education Commissioner
John B. King, Jr., it was noted that “social and emotional development is the ability to
understand, manage, and express the social and emotional aspects of one’s life in ways
that enable the successful management of life tasks such as learning, forming
relationships, solving everyday problems, and adapting to the complex demands of
growth and development.”
3
www.regents.nysed.gov/meetings/2011Meetings/July2011/711p12a6-revised.pdf
Teaching social and emotional skills is as important as teaching academic skills. Abraham
Maslow’s statement, “If you only have a hammer, you tend to see every problem as a
nail,” speaks directly to the fundamental need to provide students with instruction in
social/emotional skills as both an overarching prevention strategy and as a primary
intervention strategy for children whose “toolkit” of responses needs to be expanded to
include appropriate, pro-social strategies for effectively interacting with others.
Schools are encouraged to address prevention and intervention on three levels (Lewis &
Sugai 1999; Sugai et al 2000, Walker et al 1996):
3
Elias, M., Zins, J., Weissberg, P., Frey, K., Haynes, N., Kessler, R., Schwab-Stone, M., Shriver, T.,
(1997) Promoting Social and Emotional Learning: Guidelines for Educators. Alexandria, VA: ASCD.
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• Primary (universal) prevention to promote pro-social development and prevent problems
• Secondary prevention to address the needs of at-risk students as soon as possible when
behavioral incidents occur
• Tertiary prevention that provides applicable interventions to students with chronic and/or
severe problems.
www.p12.nysed.gov/sss/sedl/SEDLguidelines.pdf
Prevention and intervention continuum to promote healthy, adaptive and pro-social
behaviors (Walker et al 1996)
Some Guiding Questions to Consider When Examining These Factors
How well does the school project a welcoming
How are students learning empathy?
and supportive environment for all students?
How often does the school review, and amend,
What are the school’s behavioral expectations
its safety and security procedures to ensure that
for students and staff, and how well do they
all areas to which students have access are well
address the responsibility of the school to
monitored and supervised, including stairwells,
ensure a safe and supportive environment?
hallways, locker rooms and athletic facilities,
How does the school communicate its clear
outside play areas, cafeteria, auditorium, etc.
expectations regarding pro-social behavior
When students do not meet behavioral
and respect within the school community with
expectations, how does the school ensure
staff and students?
equitable access to support and disciplinary
How well do all adult members of the school
accountability?
community model respect for diversity in their
When disciplinary data is regularly reviewed, how
interactions with one another – and with
does the school bring multiple perspectives and
students and their families?
disciplines to the process?
What kinds of programs and initiatives does
How are resources used to support student
the school implement to promote respect for
engagement (student organizations, clubs and
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diversity?
teams) so that all students see themselves as
If an individual or group engages in
valued members of the school community?
discriminatory behavior toward a student or
How does the school actively support and
group of students based on the student’s or
encourage diversity in student government?
group of students’ actual or perceived identity,
how does the school address the behavior so
that it does not become a pervasive or
persistent pattern and so that the individual
student or group of students does not have
reason to believe that such behavior is likely
to continue?
How does the school provide regularly scheduled
opportunities for students, especially those who
are not elected to student government, to share
ideas, identify concerns and strategies for
improved school climate and culture with the
principal/school leaders?
How does the school integrate respect for
diversity into the curriculum?
How well does the school promote diversity in the
recruitment and training of students who serve as
peer mediators in the school’s peer
How well does the school library collection
mediation center?
(books, periodicals, multimedia resources)
and visual displays throughout the building
promote respect for diversity?
How successful is the school in welcoming the
families of all students into the school
community?
Are library collections readily accessible to
everyone in the school?
Does the school engage and encourage parents
to work as partners in their children’s learning?
How are students, the largest group of
stakeholders in the school community,
involved in preventing bias-based behavior
and promoting respect?
How does the school celebrate and recognize
students’ successes, progress and achievement
so that all students see themselves as valued
members of the school community?
How are students provided with opportunities
for social emotional learning?
Social and emotional learning helps students develop fundamental and effective life skills,
including: recognizing and managing emotions; developing caring and concern for others;
establishing positive relationships; making responsible decisions; and handling
challenging situations constructively and ethically. Such skills help prevent negative
behaviors and the disciplinary consequences that may result when students do not live
up to behavioral standards.
A strictly punitive or reactive approach to inappropriate student behavior is neither the
intent of the Dignity Act, nor has it been proven effective in reducing incidents. Rather it
is recommended that strategies such as prevention, intervention,
and graduated/progressive discipline be considered in addressing and correcting
inappropriate behavior, while re-enforcing pro-social values among students.
Student Engagement
Students are the largest group of stakeholders in the school and its greatest resource in
creating and sustaining a safe and supportive school environment. Student engagement
is essential in creating a positive school culture and climate that effectively fosters student
academic achievement and social/emotional growth. The quality of student life and the
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level of student engagement may be the best single indicator of potential or current school
safety and security concerns as they pertain to student behavior.
Providing students with multiple opportunities to participate in a wide range of pro-social
activities and, at the same time, bond with caring, supportive adults mitigates against
negative behaviors are key to promoting a safe and supportive school. Such
opportunities, coupled with a comprehensive guidance program of prevention and
intervention, provide students with the experiences, strategies and skills, and support they
need to thrive.
Student and staff access to school library and classroom materials which address human
relations in the areas of race, color, weight, national origin, ethnic group, religion, religious
practice, disability, sexual orientation, gender (including gender identity or expression), or
sex may also promote an environment in which social/emotional growth can be nurtured
and thrive.
General resources to assist school administrators, teachers, and the Dignity Act
Coordinator in addressing the needs of students are in Appendix C of this guide.
Student Empowerment
The Dignity Act states that “[n]o student shall be subjected to harassment or bullying by
employees or students on school property or at a school 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, or sex by school employees or students on school property or at a school
function…” (Education Law §12[1]).
Whether a student is being bullied himself/herself or has witnessed another student being
bullied, s/he needs to feel empowered, comfortable, and safe reporting such an incident
to school faculty or staff. Specifically, the Dignity Act requires that boards of education
create policies, procedures and guidelines that enable students and parents to make oral
and/or written reports of harassment, bullying or discrimination to teachers,
administrators, and other school personnel that the school district deems appropriate
(Education Law §13[1][b]).
Even with such policies in place, a student who has been bullied may still hesitate in
seeking help from an adult. Since the Dignity Act applies to both student-to-student and
faculty/staff-to-student behavior, it is important to keep in mind that the student may have
been harassed or bullied by a school employee. In a case such as this, the issues of
empowerment and trust are that much more critical – and the objectivity and
approachability of the person the student confides in is essential.
The U.S. Department of Education has developed an on-line toolkit designed to assist
educators in addressing issues related to incidents of bullying by Creating a Safe and
Respectful Environment in Our Nation’s Classrooms. This program points out that
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students may not report bullying due to a variety of reasons ranging from the humiliation
they already feel from having been bullied and the fear that reporting the behavior will
only worsen this, to feelings of isolation and a belief that no adult will believe and/or help
them address the situation.
See: (http://safesupportiveschools.ed.gov/index.php?id=1480).
To assist students who may be bullied, the Dignity Act includes a requirement that boards
of education create policies, procedures and guidelines that require each school to
provide all students, school employees, and parents with an electronic or written copy of
the district’s Dignity Act policies, including notification of the process by which they may
report harassment, bullying, and discrimination (Education Law §13[1][k]).
School and District Practice and Policies
A school’s culture may be the single most important factor in preventing, limiting, and/or
dealing with bullying and cyberbullying incidents. Educators need to work diligently to
create school cultures that value and teach respect for all. The most positive school
cultures are culturally sensitive and model positive behavioral interactions.
Potential strategies available to create a comprehensive response to bullying and
cyberbullying include policies and programs that address school climate; Code of
Conduct; Internet Safety and Accepted Use Policies which comply with the federal
Children’s Internet Protection Act; and the analysis of Violent and Disruptive Incident
Reports (VADIR).
• School culture: NYSED, in conjunction with the New York State Office of Mental
Health, has developed Guidelines and Resources for Social and Emotional
Development and Learning (SEDL) in New York State. This document, and other
SEDL resources to assist schools in developing positive school climates and cultures,
can be found at www.p12.nysed.gov/sss/sedl/.
• Code of Conduct: All public school districts must adopt and provide for the
enforcement of a written Code of Conduct for the maintenance of order on school
property and at school functions. The Code of Conduct must govern the conduct of
students, teachers, other school personnel and visitors (see Education Law §2801[2]
and Commissioner’s Regulation 8 NYCRR §100.2[l][2][i]).
For specific information on Dignity Act Amendments affecting the Code of Conduct
see “Guidance for Updating Codes of Conduct” at:
http://www.p12.nysed.gov/dignityact/documents/DASACodeofConductGuidance.pdf
An age-appropriate summary of the Code of Conduct must be provided to all students
at a school assembly at the beginning of each school year; a plain language summary
of the Code of Conduct must be mailed to all persons in parental relation to students
before the beginning of each school year; each teacher must be provided with a copy
of the complete code of conduct and a copy of any amendments as soon as
practicable following initial adoption or amendment of the code; and each new teacher
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must be provided with a complete copy of the current code upon their employment
(see Education Law §2801[4]; 8 NYCRR
§100.2[l][2][iii][b]). This also provides an opportunity for school personnel to both
review the Code of Conduct with students and parents and identify possible gaps in
policy, practices, and procedures.
The Code of Conduct must be reviewed annually and updated if necessary, taking into
consideration the effectiveness of code provisions and the fairness and consistency
of its administration (see Education Law §2801[5][a] and 8 NYCRR §100.2[l][2][iii][a]).
This annual review provides an opportunity to assess whether the Code of Conduct
needs to be revised to address, among other things, the use of new forms of
technology on school grounds and/or at school functions by students, teachers, other
school personnel and visitors. A district may establish a committee to facilitate the
review of its Code of Conduct and the district’s response to Code of Conduct violations
(see Education Law §2801[5][a] and 8 NYCRR §100.2[l][2][iii][a]). The review
team/committee must include student, teacher, administrator, and parent
organizations, school safety personnel and other school personnel (Education Law
§2801[5][a] and 8 NYCRR §100.2[l][2][iii][a]). Such committee might also include
school staff, community members, and law enforcement officials. It is also
recommended that individuals with strong technology skills and a thorough
understanding of how students, teachers, and staff are using technology be recruited
to assist in the review of the Code of Conduct. This will help ensure that the Code of
Conduct reflects current and anticipated challenges that have been created or are
anticipated through the evolution of technology. In addition, prior to board adoption of
the updated code of conduct a public hearing must be held to inform the community
about the proposed changes and receive input.
The Code of Conduct is an ideal document in which to establish expectations and
consequences for student and staff conduct regarding internet safety and the use of
technology while on school grounds and/or at school functions. Teachers must be
provided with a complete copy of the Code of Conduct (8 NYCRR §100.2[l][2][iii][b][4])
and complete copies of the Code of Conduct must also be made available for review
by students, persons in parental relation to students, and other community members
(see Education Law §2801[4] and 8 NYCRR §100.2[l][2][iii][b]). The complete Code
of Conduct, including any annual updates or other amendments, must be posted on
the school district’s website, if one exists (8 NYCRR
§100.2[l][2][iii][b][1]).
SECTION II: CREATING AN INCLUSIVE SCHOOL COMMUNITY: SENSITIVITY TO
THE EXPERIENCE OF SPECIFIC STUDENT POPULATIONS
Every student deserves to learn in a safe and supportive school. Unfortunately,
experience and research has shown that some groups of students are more vulnerable
to discrimination and harassment, including bullying behavior, than others. Therefore, it
is vital that school staff be especially attentive regarding their welfare and safety.
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Children with Special Needs
A growing body of research has demonstrated that children with special needs are at an
increased risk of being bullied. Bullying Among Children and Youth with Disabilities and
Special Needs, a fact sheet from the U.S. Department of Health and Human Services
(www.stopbullying.gov) provides the following insights into the vulnerability of these
children:
• Available information indicates that children with learning disabilities are at greater risk
of being teased and physically bullied (Martlew & Hodson, 1991; Mishna, 2003;
Nabuzoka & Smith, 1993; Thompson, Whitney, & Smith, 1994).
• Children with Attention Deficit Hyperactivity Disorder (ADHD) are more likely than
other children to be bullied. They also are somewhat more likely than others to bully
their peers (Unnever & Cornell, 2003).
• Children with medical conditions that affect their appearance (e.g., cerebral palsy,
muscular dystrophy, and spina bifida) are more likely to be victimized by peers.
Frequently, these children report being called names related to their disability
(Dawkins, 1996).
Walk A Mile in Their Shoes: Bullying and the Child with Special Needs
4
, a report and
guide compiled by www.AbilityPath.org, addresses the issue of children with special
needs being targets of harassing behavior: The report and guide includes the following
research findings:
• Researchers have discovered that students with disabilities were more worried about
school safety and being injured or harassed by peers, compared to students without
a disability (Saylor & Leach, 2009).
• According to researchers Wall, Wheaton and Zuver (2009) only 10 studies have been
conducted in the United States on bullying and developmental disabilities. All studies
found that children with disabilities were two to three times more likely to be victims of
bullying than their non-disabled peers. In addition, the researchers found that the
bullying experienced by these children was more chronic in nature and was most often
directly related to their disability.
“Disability harassment” is illegal under Section 504 of the Rehabilitation Act of 1973 and
Title II of the Americans with Disabilities Act of 1990. According to the U.S. Department
of Education, disability harassment is “intimidation or abusive behavior toward a student
based on disability that creates a hostile environment by interfering with or denying a
student’s participation in or receipt of benefits, services, or opportunities in the institution’s
program” (U.S. Department of Education, 2000).
4
www.abilitypath.org/areas-of-development/learning--schools/bullying/articles/walk-a-mile-
intheir-shoes.pdf
19
Please see: http://www2.ed.gov/about/offices/list/ocr/docs/disabharassltr.html
Autism Spectrum Disorders (ASDs)
The Interactive Autism Network (IAN) conducted a national study related to the frequency
of students with ASDs being bullied in school.
5
The initial results of the study released in 2012, illustrate that “children with ASD are
bullied at a very high rate, and are also often intentionally “triggered” into meltdowns or
aggressive outbursts by ill-intentioned peers.” The IAN further reported that “bullying is
extremely common in the lives of children with ASD, and occurs at a much higher rate for
them than it does for their typically developing siblings. It is crucial that educators,
providers, advocates, and families be aware of this, and be prepared to intervene.
Children with ASD are already vulnerable in multiple ways. To have to face teasing,
taunts, ostracism, or other forms of spite may make a child who is already struggling to
cope completely unable to function. If a child was anxious, or dealing with issues of self-
control, or unable to focus before there was any bullying, imagine how impossible those
issues must seem when bullying is added to the mix. Cruelest of all is the fact that bullying
may further impair the ability of a child with ASD, who is already socially disabled, to
engage with the social world.”
The following chart was developed as part of the IAN Report, is based on a survey of
parents of children (ages 6-15) with ASD. Parents were asked whether their child had
ever been bullied. Of the 1,167 students associated with this survey, 63% indicated that
they had been bullied at some point.
On the other hand, “children with ASD may also behave as bullies, or at least be viewed
as such. In fact, 20% of parents told us their child with ASD had bullied others, a rate that
5
www.iancommunity.org/cs/ian_research_reports/ian_research_report_bullying
20
compares to only 8% for typical siblings. Most of these children were bully-victims –
children who had been bullied and had also bullied others.”
Refugee and Immigrant Children
A refugee is a person who has left his or her country of nationality and is unable or
unwilling to return to that country due to persecution or a well-founded fear of persecution
based upon race, religion, nationality, membership in a specific social group, or political
group. New York State receives refugee children every year. While most come with some
family, others come alone, and all leave behind everything they have ever known. Some
refugee children have experienced the ravages of war and others have suffered trauma
because of their experiences in refugee camps.
Children who come to the United States as refugees face the challenge of adapting to a
new environment while coping with the loss of home, family members, friends,
belongings, and community. Although immigrant children usually do not leave their homes
under the same kinds of circumstances that compel refugees to flee their country of
nationality, they share some of the same challenges faced by refugee children in adapting
to a new environment, learning a new language and creating social support networks with
peers and adults in a new school community.
Both refugee and immigrant children must deal with vast cultural change, and cultural
misunderstandings can make them particularly vulnerable to harassment in the form of
bullying. Factors such as a lack of understanding of cultural norms, different expectations
for personal hygiene, peer pressure around appropriate clothing, different kinds of social
boundaries, different culturally informed gestures, body language and use of personal
space can make immigrant or refugee children the target of harassment.
•
To compound such issues, depending on the conditions in their home country, immigrant
children and refugee children may be mistrustful of authority and, therefore, reluctant to
report harassment or discrimination because they do not want to draw attention to
themselves. Bridging Refugee Youth and Children’s Services (BRYCS) provides national
technical assistance to organizations serving refugee and immigrants. Its website
www.brycs.org includes multiple resources that can assist educators in providing support
to immigrant and refugee children.
LGBTQ Children
6
6
It is recognized that there are several commonly used variants of this acronym. For the purposes
of consistency in this guidance document, the acronym LGBTQ will be officially used to refer to
21
The Gay, Lesbian and Straight Education Network (GLSEN) reports that many lesbian,
gay, bisexual, and transgender teens in the United States experience homophobic
remarks and harassment throughout the school day, creating an atmosphere where they
feel disrespected, unwanted, and unsafe.
Homophobic remarks such as “that’s so gay” are the most commonly heard type of biased
remarks at school. GLSEN’s research has found that such slurs may be unintentional
since they may be part of teens’ vernacular. Despite this, most teens do not recognize
that the casual use of such language often carries over into more overt harassment. See:
www.thinkb4youspeak.com/ForEducators/?state=&type=antibullying.
Students who are lesbian, gay, bisexual, transgender, or questioning (LGBTQ) are often
reluctant to report harassment or discrimination. Negative attitudes that some people
have toward LGBT individuals in general put such youth at increased risk for experiences
with violence, compared with other students (Coker, Austin, Schuster, Annual Review of
Public Health 2010.) Such behaviors can include bullying, teasing, harassment, and
physical assault. GLSEN’s 2009 National School Climate Survey examined the responses
of 7,261 middle and high school students.
Key findings include:
• 84.6% of LGBT students reported being verbally harassed, 40.1% reported being
physically harassed and 18.8% reported being physically assaulted at school in the
past year because of their sexual orientation.
•
•
•
See: www.glsen.org/binary-data/GLSEN_ATTACHMENTS/file/000/001/1675-2.pdf
"Playgrounds and Prejudice: Elementary School Climate in the United States," a study
published by GLSEN in January 2012 further revealed the following statistics:
• The most common forms of biased language in elementary schools, heard
regularly (i.e., sometimes, often or all the time) by both students and teachers, are
the use of the word "gay" in a negative way, such as "that's so gay," (students:
45%, teachers: 49%) and comments like "spaz" or "retard" (51% of students, 45%
of teachers). Many also report regularly hearing students make homophobic
individuals who self-identify as either lesbian, gay, bisexual, transgender, or questioning.
Variations of this acronym are taken from the original source material.
22
remarks, such as "fag" or "lesbo" (students: 26%, teachers: 26%) and negative
comments about race/ethnicity (students: 26%, teachers: 21%).
• Three-fourths of students (75%) report that students at their school are called
names, made fun of or bullied with at least some regularity. Most commonly this is
because of students' looks or body size (67%), followed by not being good at sports
(37%), how well they do at schoolwork (26%), not conforming to traditional gender
norms/roles (23%) or because other people think they're gay (21%).
www.glsen.org/cgi-bin/iowa/all/library/record/2832.html?state=research&type=research
A key finding in GLSEN’s "Playgrounds and Prejudice: Elementary School Climate in the
United States" study was the physical location where students reported being directly
confronted in name calling situations. Figure 3.7 “Locations Where Bullying or Name-
Calling Occurs at School” provides valuable insight for school administrators, the DAC(s),
and other personnel in relation to where to focus their efforts to curtail and ultimately
eliminate such acts. See:
www.glsen.org/binary-data/GLSEN_ATTACHMENTS/file/000/002/2027-1.pdf
Still another critical finding was the student’s perception of whether reporting such acts to
their teacher helped to resolve the situation. Figure 3.8 “Frequency and Helpfulness of
23
Telling a Teacher About Being Called Names, Made Fun Of, or Bullied at School” is
particularly significant since all students are entitled to attend school in a safe and
supportive environment free from bullying, discrimination, and harassment. See:
www.glsen.org/binary-data/GLSEN_ATTACHMENTS/file/000/002/2027-1.pdf
Additional research published in 2011 by the National Center for Transgender Equality
and the National Gay and Lesbian Task Force revealed that students “…who expressed
a transgender identity or gender non-conformity while in grades K-12 reported alarming
rates of harassment (78%), physical assault (35%) and sexual violence (12%);
harassment was so severe that it led almost one-sixth (15%) to leave a school in K-12
settings or in higher education.” The research also found that individuals “…who have
been harassed and abused by teachers in K-12 settings showed dramatically worse
health and other outcomes than those who did not experience such abuse. Peer
harassment and abuse also had highly damaging effects.”
http://transequality.org/PDFs/NTDS_Report.pdf
According to GLSEN’s Harsh Realities report “Nearly nine in ten transgender students
have been verbally harassed in the last year due to their gender expression (87 percent)
and more than half have also been physically assaulted (53 percent).” In addition, the
report states “nearly half of transgender students report regularly skipping school because
of safety concerns, clearly impacting their ability to receive an education, and nearly one
in six (15 percent) of transgender and gender nonconforming students face harassment
so severe that they are forced to leave school.”
Finally, the U.S. Centers for Disease Control and Prevention (CDC) reported that a survey
of more than 7,000 seventh and eighth grade students from a large Midwestern county
examined the effects of school climate and homophobic bullying on lesbian, gay, bisexual,
and questioning (LGBQ) youth and found that:
24
•
LGBQ youth were more likely than heterosexual youth to report high levels of
bullying and substance use.
•
Students who were questioning their sexual orientation reported more bullying,
homophobic victimization, unexcused absences from school, drug use, feelings
of depression, and suicidal behaviors than either heterosexual or LGBQ
students.
Children in Foster Care and Children with Incarcerated Parents
While bullying can be a common problem for all students, children in foster care and
children with incarcerated parents face additional stigmas that make them more
susceptible to being victims or bullies at school. These children frequently miss school,
which can lead to education and social problems, making them easy targets.
Furthermore, they may feel humiliated for having lost contact with their parents and may
worry about how their parents are doing or when they might see or talk to them again.
These worries can lead to anxiety, making the child stressed and emotionally
overwhelmed.
• More than 72% of incarcerated women report being parents.
• In New York, it is estimated that more than 105,000 minor children have a parent
serving time in prison or jail at any one time.
• There are more than 120,000 individuals subject to probation, and nearly 42,000
on parole as of December 31, 2009.
Source: www.osborneny.org/NYCIP/ACalltoActionNYCIP.Osborne2011.pdf A Call to Action:
Safeguarding New York’s Children of Incarcerated Parents A Report of the New York Initiative for
Children of Incarcerated Parents (May 2011)
Additionally, children in foster care and children with incarcerated parents may become
withdrawn and experience low self-esteem. Children may be afraid of the stigmas and
stereotypes that come with being a child in foster care or a child with an incarcerated
parent. For example, when it is known that a child has an incarcerated parent, s/he may
be blamed if another student’s personal belongings go missing based on the beliefs that
“the apple doesn’t fall far from the tree” and criminality is in the child’s genes.
Consequently, students may shy away from revealing their situation to school staff or their
peers and may inevitably cope with their struggles alone.
Children in foster care and children with incarcerated parents are also more likely to
become bullies. As a result of their situation, they may turn to anger, aggression, drugs
and/or alcohol as an outlet. Being unable to control their emotions, they may take out their
anger and frustration on fellow peers at school. According to the CDC, drug and alcohol
use, high emotional distress, and high level of family disruption are risks that may lead to
youth violence.
Home life can also be extremely difficult for these students. Placement in kinship foster
homes, while done in order to minimize change or disruption in their families, has the
possibility of making the living situation even more complicated. According to the 2011
Osborne Report, the Child Welfare League of America defines kinship caregivers as
“relatives, members of a tribe or clan, godparents, step-parents, or other adults who have
25
a kinship bond with a child.” Therefore, whatever emotions the child is experiencing the
kinship caregiver is probably feeling something very similar. While a kinship caregiver
may also have a better understanding of what the child is going through, it may be difficult
for the caregiver to separate his/her emotions from his/her interaction with the child.
In addressing the special needs of these populations, some model programs have been
developed. For example, in Virginia, public schools have implemented the Milk and
Cookies Children’s Program, a support-based group that allows children with incarcerated
parents to meet with peers in the same situation and talk amongst themselves with a
trained adult. The program is designed to help the children understand their situation and
how to react appropriately.
The federal McKinney-Vento Act provides specific protections to ensure educational
stability for students who are homeless or in temporary housing. Both McKinney-Vento
and the Dignity Act have raised awareness and sensitivity about particular issues that
may impact students’ education and the need to increase the educational outcomes for
children who attend public schools. McKinney-Vento has had a positive effect on the
educational opportunities, attendance and outcomes for students in temporary housing.
For more information on the McKinney-Vento Act, please see: http://nysteachs.org
www.p12.nysed.gov/nclb/programs/homeless or call 800-388-2014.
Federal Civil Rights Statues Related to Schools and Harassment
Schools that receive federal funding are required by federal law to address discrimination.
The statutes the Department of Education’s Office for Civil Rights (OCR) enforces include:
• Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination
on the basis of race, color, or national origin;
• Title IX of the Education Amendments of 1972 (Title IX), which prohibits
discrimination on the basis of sex, including sexual harassment and
stereotyping;
• Section 504 of the Rehabilitation Act of 1973 (Section 504); and Title II of the
Americans with Disabilities Act of 1990 (Title II). Section 504 and Title II prohibit
discrimination on the basis of disability.
Federal courts have found that school districts may be subject to liability in Title VI and
Title IX cases for teacher or peer harassment when the district exercises substantial
control over the harasser and the context in which the known harassment occurs, the
harassment is severe and discriminatory, the district has actual knowledge of the
harassment, and its response amounts to deliberate indifference to discrimination (see
e.g., Davis ex. rel. LaShonda P. v. Monroe Cnty. Bd. of Educ., 526 US 629 [1999]; Zeno
v. Pine Plains Central School District, 702 F3d 655 [2d Cir. 2012]).
US Department of Education Office of Civil Rights “Dear Colleague” Letter on
Harassment and Bullying
The U.S. Department of Education’s Office of Civil Rights periodically issues “Dear
Colleague” letters to school districts and to schools on pertinent issues related to K-12
26
and higher education. The October 2010 “Dear Colleague” letter from U.S. Assistant
Secretary of Education Russlynn Ali addressed harassment and bullying and is
particularly pertinent to implementing the Dignity Act within the larger context of federal
civil rights laws.
The following are excerpts from the Office of Civil Rights’ letter:
(www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf)
[S]ome student misconduct that falls under a school’s anti-bullying policy also may
trigger responsibilities under one or more of the federal civil antidiscrimination laws
enforced by [OCR]…. Harassing conduct may take many forms, including verbal acts
and name calling, graphic and written statements, which may include use of cell phones
or the Internet; or other conduct that may be physically threatening, harmful, or
humiliating. Harassment does not have to include intention to harm, or be directed
at a specific target, or involve repeated incidents.
Harassment creates a hostile environment when the conduct is sufficiently severe,
pervasive, or persistent to interfere with or limit a student’s ability to participate in or
benefit from the services, activities, or opportunities offered by a school. When such
harassment is based on race, color, national origin, sex, or disability, it violates the civil
rights laws that U.S. Department of Education Office of Civil Rights enforces.
Some conduct alleged to be harassment may implicate the First Amendment rights to free
speech or expression. For more information on the First Amendment’s application to
harassment, see the discussions in OCR’s Dear Colleague Letter: First Amendment (July
28, 2003), available at www.ed.gov/about/offices/list/ocr/firstamend.html)
As noted in the October 2010 U.S. Department of Education Office of Civil Rights
letter, a school is responsible for addressing harassment incidents about which it
knows or reasonably should have known.
A school has notice of harassment if a responsible employee knew, or in the exercise of
reasonable care should have known, about the harassment. In some situations,
harassment may be in plain sight, widespread, or well-known to students and staff, such
as harassment occurring in hallways, during academic or physical education classes,
during extracurricular activities, at recess, on a school bus, or through graffiti in public
areas. In these cases, the obvious signs of the harassment are sufficient to put the school
on notice. In other situations, the school may become aware of misconduct, triggering an
investigation that could lead to the discovery of additional incidents that, taken together,
may constitute a hostile environment.
The following is an excerpt from the October 2010 letter from U.S. Assistant Secretary of
Education Russlynn Ali, available at:
www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf.
27
In all cases, schools should have well-publicized policies prohibiting harassment and
procedures for reporting and resolving complaints that will alert the school to incidents of
harassment.
When responding to harassment, a school must take immediate and appropriate action
to investigate or otherwise determine what occurred. The specific steps in a school’s
investigation will vary depending upon the nature of the allegations, the source of the
complaint, the age of the student or students, involved, the size and administrative
structure of the school, and other factors. In all cases, however, the inquiry should be
prompt, thorough, and impartial.
If an investigation reveals that discriminatory harassment has occurred, a school must
take prompt and appropriate steps reasonably calculated to end the harassment,
eliminate any hostile environment and its effects, and prevent the harassment from
recurring. These duties are a school’s responsibility even if the misconduct is also
covered by an anti-bullying policy, regardless of whether a student has complained,
asked the school to take action, or identified the harassment as a form of discrimination.
Appropriate steps to end harassment may include separating the accused harasser and
the target, providing counseling for the target and/or harasser, or taking disciplinary action
against the harasser. These steps should not penalize the student who was harassed.
For example, any separation of the target from an alleged harasser should be designed
to minimize the burden on the target’s educational program (e.g., not requiring the target
to change his or her class schedule).
In addition, depending on the extent of the harassment, the school may need to provide
training or other interventions not only for the perpetrators, but also for the larger school
community, to ensure that all students, their families, and school staff can recognize
harassment if it recurs and know how to respond. A school also may be required to
provide additional services to the student who was harassed in order to address the
effects of the harassment, particularly if the school initially delays in responding or
responds inappropriately or inadequately to information about harassment. An effective
response also may need to include the issuance of new policies against harassment and
new procedures by which students, parents, and employees may report allegations of
harassment (or wide dissemination of existing policies and procedures), as well as wide
distribution of the contact information for the district’s Title IX and Section 504/Title II
coordinators.
28
Finally, a school should take steps to stop further harassment and prevent any retaliation
against the person who made the complaint (or was the subject of the harassment) or
against those who provided information as witnesses. At a minimum, the school’s
responsibilities include making sure that the harassed students and their families know
how to report any subsequent problems, conducting follow-up inquiries to see if there
have been any new incidents or any instances of retaliation, and responding promptly
and appropriately to address continuing or new problems.
When responding to incidents of misconduct, schools should keep in mind the following:
• The label used to describe an incident (e.g., bullying, hazing, teasing) does not
determine how a school is obligated to respond. Rather, the nature of the conduct
itself must be assessed for civil rights implications. So, for example, if the abusive
behavior is on the basis of race, color, national origin, sex, or disability, and creates
a hostile environment, a school is obligated to respond in accordance with the
applicable federal civil rights statutes and regulations enforced by OCR.
• When the behavior implicates the civil rights laws, school administrators should
look beyond simply disciplining the perpetrators. While disciplining the
perpetrators is likely a necessary step, it often is insufficient. A school’s
responsibility is to eliminate the hostile environment created by the harassment,
address its effects, and take steps to ensure that harassment does not recur. Put
differently, the unique effects of discriminatory harassment may demand a
different response than would other types of bullying.
SECTION III: SCHOOL PERSONNEL INCLUDING SUPERINTENDENTS AND
PRINCIPALS
Harassment, Bullying and Discrimination Prevention and Intervention Training for
Certification Candidates
The amendments to the Dignity Act introduced by Chapter 102 of the Laws of 2012 included a
requirement that school professionals applying for a certificate or license on or after July 1, 2013
complete training on the social patterns of harassment, bullying and discrimination (this timeframe
was extended until December 31, 2013 pursuant to Chapter 90 of the Laws of 2013 [Education
Law §14(5)]). In response to the amendments and after consultation with a work group comprised
of educators and advocates, the Board of Regents approved the following regulatory changes:
➢ Part 52 of the Commissioner’s Regulations has been amended to require teacher
and school leadership preparation programs to include at least six hours of
training in Harassment, Bullying and Discrimination Prevention and Intervention.
➢ A new Subpart 57-4 of the Commissioner’s Regulations has been added to
establish standards under which the Department will approve providers of this
training.
29
➢ • Part 80 of the Commissioner’s Regulations has been amended to require that
anyone applying for an administrative or supervisory service, classroom teaching
service or school service certificate or license on or after December 31, 2013,
shall have completed at least six hours of coursework or training in Harassment,
Bullying and Discrimination Prevention and Intervention.
Responsibilities for Educators
The New York State Code of Ethics for Educators
7
sets clear expectations and principles
to guide educational practice and inspire professional excellence. The first principle
exemplifies the heart of the Dignity Act:
• Educators nurture the intellectual, physical, emotional, social, and civic potential of
each student.
• Educators promote growth in all students through the integration of intellectual,
physical, emotional, social and civic learning.
• They respect the inherent dignity and worth of each individual.
• Educators help students to value their own identity, learn more about their cultural
heritage, and practice social and civic responsibilities.
• They help students to reflect on their own learning and connect it to their life
experience. They engage students in activities that encourage diverse
approaches and solutions to issues, while providing a range of ways for students to
demonstrate their abilities and learning. They foster the development of
students who can analyze, synthesize, evaluate and communicate information
effectively.
The Code of Ethics for Educators, as well as the six Educational Leadership Policy
Standards established by the Council of Chief State School Officers
8
, reinforces the
critical importance of strong leadership within local education agencies.
Educational Leadership Policy Standards
1. Setting a widely shared vision for learning;
2. Developing a school culture and instructional program conducive to student learning
and staff professional growth;
3. Ensuring effective management of the organization, operation, and resources for a
safe, efficient, and effective learning environment;
7
http://www.highered.nysed.gov/tcert/resteachers/codeofethics.html#statement
8
http://www.ccsso.org/Documents/2008/Educational_Leadership_Policy_Standar
ds_2008.pdf
30
4. Collaborating with faculty and community members, responding to diverse
community interests and needs, and mobilizing community resources;
5. Acting with integrity, fairness, and in an ethical manner; and
6. Understanding, responding to, and influencing the political, social, legal, and cultural
contexts.
As leaders in a school district, the superintendent and principals set the overall tone of
respect and responsibility for the entire school community, including faculty, staff,
students, and persons in parental relation. The leadership required of superintendents
and principals is fundamental to the effective implementation of the Dignity Act.
The educational leadership, integrity, and professionalism demonstrated by the
superintendent, principal, faculty and staff are essential to the overall school climate. The
Dignity Act imposes several requirements that involve school leadership and staff.
Specifically, Education Law §13(1) requires that boards create policies, procedures and
guidelines that include provisions which:
• Identify the principal, superintendent or the principal’s or superintendent’s designee as
the school employee charged with receiving reports of harassment, bullying, and
discrimination (Education Law §13[1][a]).
• Enable students and parents to make an oral or written report of harassment, bullying,
and discrimination to teachers, administrators, and other school personnel that the
school district deems appropriate (Education Law §13[1][b]).
• Require school employees who witness harassment, bullying, or discrimination, or
receive an oral or written report of harassment, bullying, or discrimination, to promptly
orally notify the principal, superintendent or their designee not later than one school
day after such school employee witnesses or receives a report of harassment,
bullying, or discrimination, and to file a written report with the principal, superintendent
or their designee not later than two school days after making such oral report
(Education Law §13[1][c]).
• Require the principal, superintendent or their designee to lead or supervise the
thorough investigation of all reports of harassment, bullying, or discrimination, and to
ensure that such investigations are completed promptly after receipt of any written
reports (Education Law §13[1][d]). When an investigation reveals any such verified
harassment, bullying, or discrimination, 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 (Education Law §13[1][d][e]).
31
• Require the principal to make a regular annual report on data and trends related to
harassment, bullying, and discrimination to the superintendent (Education Law
§13[1][h]).
• Require the principal, superintendent or their designee to notify promptly the
appropriate local law enforcement agency when such individual believes that
harassment, bullying, or discrimination constitutes criminal conduct (Education Law
§13[1][i]).
Investigation and Follow-up
The Dignity Act requires that the principal, superintendent or the principal’s or
superintendent’s designee lead or supervise the thorough investigation of all
reports of harassment, bullying, and discrimination, and ensure that such
investigation is completed promptly after receipt of any written reports of harassment,
bullying, and discrimination (Education Law §13[1][d]).
The following guidance, Creating a Safe and Respectful Environment in Our Nation’s
Classrooms: Understanding and Intervening in Bullying Behavior was developed by the
U.S. Department of Education National Center on Safe Supportive Learning
Environments (NCSSLE)
8
with input from Barbara-Jane Paris (www.bjparis.org). The
following module entitled Responding to and Reporting Bullying Behavior provides
suggestions which may assist school administrators in fulfilling this vital role.
“It is important to respond to reports of bullying whether you witness the behavior or a
student reporting it to you. It is also important to respond appropriately to a situation. In
some cases, it is possible that what occurred is not bullying, but in order to respond
appropriately you need to carefully research and document allegations. To help ensure
a safe orderly environment while responding to and then following up on incidents, your
school’s policies and procedures should always guide you. Whether a bullying incident
is witnessed or reported by a student, you can follow these simple guidelines called The
Five R’s…
Respond:
When bullying is reported to you or witnessed by you, you must respond and intervene
immediately, making
sure that everyone is safe. Model respectful behavior when you intervene
and reassure the student who has been bullied that what has happened is not his or her fault.
Ask the student, “What do you need from me?” This may help you determine some of your next
steps, including what kind of follow-up is needed.
Research:
It is important to document what the allegations are and to try to capture information from as
many sources as possible, including bystanders, about what happened. Using their exact
8
http://safesupportiveschools.ed.gov/index.php?id=1480
32
language, write down exactly what students say happened. It may also be helpful to try to find
out whether anything happened that might
have
led to the incident. An important part of your
research is to determine whether the incident was indeed
bullying
or another kind of negative or
aggressive interaction.
Record:
Good documentation will provide what is needed to write a thorough, accurate, and helpful
report. Collect and save everything in a folder. In some cases, like cyberbullying, there may be
things like text messages, pictures, or e-mails that should be copies and saved for attachment
to the report.
Report:
Just like responding to the incident itself, writing and filing a formal report of a bullying
incident should always be guided by your school’s policies, Student Code of Conduct and the
commissioner’s regulations. Your
school will probably have its own forms for writing and filing
a report. After thorough research and while reviewing your school’s Student Code of Conduct,
this report is where you would make a determination as to
whether an incident is bullying or
some other form of behavior.
Revisit:
After a plan has been developed for both the student who was bullied, and the student
engaged in bullying behavior, it will be important for you to follow-up with each student to check
and see how things are going. You want to find out if anything has changed, if the plans put into
place are working (or not), and if anything, else needs to be done. Follow-up gives you a
chance to gather more information, and it lets all the students involved know that there is
continued adult support for them.
(NOTE: Refer to Education Law §13[1] and the relevant provisions of Commissioner’s
regulations for specific responsibilities required by New York State Law.)
Maintaining a Circle of Confidentiality
To effectively investigate an alleged incident of harassment or bullying, it is important to
establish processes and procedures that prevent the “re-victimization” of the student.
Some types of harassment may become even more harmful through the perpetration in
gossip and rumors, or through the association of an individual with a marked term or
status in the school community. It is therefore essential to objectively and systematically
collect the facts, but to do so in a manner that does not perpetuate the harm already
caused to the student.
There are several steps that can be taken to limit re-victimization. For example, framing
open-ended questions such as “Have you heard Robert calling any of the girls’ names?”
and following up with “Did you hear him call Susan any names?” is preferable to posing
a pointed question like “Did you hear Robert call Susan an X?” The pointed question,
by its phrasing, inadvertently expands the audience for the harassment.
33
Asking staff not to discuss incidents with one another outside the context of the actual
investigation can also help to limit the re-victimization of a student. Emphasizing an
atmosphere of confidentiality throughout the investigative process also helps prevent
further dissemination of information about the harassment.
Interviewees should be told during the interview that the information they provide will be
kept confidential to the extent permitted under the law, but that there may be instances
where the administration is required by law to share the information on a need-to-know
basis.
SECTION IV: THE DIGNITY ACT COORDINATOR
Identifying and Appointing the Dignity Act Coordinator (DAC)
To comply with the Dignity Act, at least one staff member in each school must be
designated as the DAC and be thoroughly trained to handle human relations in the areas
of race, color, weight, national origin, ethnic group, religion, religious practice, disability,
sexual orientation, gender (defined to include gender identity or expression), and sex
(Education Law §13[3]; 8 NYCRR §100.2[jj] [4]). The DAC must also be provided with
training (1) which addresses the social patterns of harassment, bullying and
discrimination, including but not 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 and sex; (2) in the identification and mitigation of
harassment, bullying and discrimination and (3) in strategies for effectively addressing
problems of exclusion, bias and aggression in educational settings (8 NYCRR
§100.2[jj] [4] [iii – v]).
Each DAC must be employed by the school district, BOCES, or charter school, as
applicable, and be licensed and/or certified by the Commissioner as a classroom teacher,
school counselor, school psychologist, school nurse, school social worker, school
administrator or supervisor, or superintendent of schools (8 NYCRR §100.2[jj][4][vi]). It is
recommended that the employee designated as the DAC be an individual who is
respected by the school community and whose recommendations and counsel will be
valued and heeded by all stakeholders. It is equally important that the individual is
someone with whom both students and colleagues feel comfortable speaking regarding
the serious and often difficult issues of harassment, bullying, and/or discrimination. When
designating the DAC, keep in mind that the law applies to student to-student, as well as
faculty/staff-to-student behaviors. The employee designated as the DAC does not need
to be the principal; however, it should be someone with experience addressing and
resolving such issues within the school.
Additional criteria for identifying an employee to serve as a DAC may also include, but is
not limited to, prior training in areas such as human relations, cultural diversity, bullying
prevention and intervention and/or conflict resolution and/or demonstrated expertise in
any of these or related areas.
34
Commissioner’s Regulation §100.2(jj)(4)(vi) requires that the designation of each DAC be
approved by the board of education, trustees or sole trustee of the school district, or, in
the City School District of the City of New York, by the principal of the school building in
which the designated individual is employed. In the case of a charter school, the DAC
shall be approved by the board of trustees (8 NYCRR §100.2[jj][4][vi]).
If the individual serving as the DAC vacates his or her position as the DAC, another
employee must be immediately designated as an interim DAC pending approval of a new
DAC by the applicable governing body within 30 days of the date the position was vacated
(8 NYCRR §100.2[jj][4][viii]. In the event a DAC is unable to perform his or her duties
for an extended period of time, another eligible employee shall be immediately designated
for an interim appointment as DAC, pending return of the previous DAC (8 NYCRR
§100.2[jj][4][viii]).
Accessibility
Accessibility to students and staff is an important consideration when identifying the DAC.
It is especially important that students have someone available to whom they can reach
out Monday through Friday. To promote accessibility, a school may wish to consider
creating a dedicated Dignity Act email address for the DAC as a means of facilitating
outreach and addressing allegations of harassment or discrimination. In addition, the
name and contact information for the DAC must be shared with all school personnel,
students, and persons in parental relation which shall include, but is not limited to,
providing the name, designated school and contact information for each DAC by listing
such information in the Code of Conduct and updates posted on the website, if available;
posting such information in highly-visible areas of school buildings; making such
information available at the district and school-level administrative offices and either
including such information in the plain language summary of the Code of Conduct
provided to persons in parental relation to students before the beginning of each school
year or providing such information to parents and persons in parental relation at least
once per school year in a manner as determined by the school, including, but not limited
to, through electronic communication and/or sending such information home with students
(8 NYCRR §100.2[jj][4][vii]).
Benefits of Identifying Multiple Dignity Act Coordinators
While the Dignity Act requires only one DAC in each school, schools may want to consider
identifying multiple DACs. Research conducted by GLSEN has suggested that a team of
employees is better equipped to respond to bias-based harassment than is an individual.
Creating a group of DACs increases the likelihood that an individual student will consider
one or more DAC as someone they trust and with whom they feel comfortable speaking
about a specific concern. Having multiple DACs also creates a cohort of trained staff who
can serve as a resource for colleagues and students when they wish to implement class
or school wide initiatives that promote respect for diversity and/or address harassment.
Regardless of the number of DACs a school designates, each student should know who
the DACs are, through the processes and procedures described above, at a minimum.
35
Schools may choose to use the professional development requirement for teachers as a
means of encouraging a team approach at the school level. Depending on school and/or
district policy, a school may accept professional development hours in areas such as
human relations, cultural diversity, bullying prevention and intervention, bias prevention
and intervention, social emotional learning, and/or conflict resolution or other areas
related to the Dignity Act which will assist the school in developing a cadre of thoroughly
trained teaching staff.
Allegations of Student-to-Student Harassment and/or Discrimination
New York State Education Law §2801 requires every school district and BOCES to have
a Code of Conduct, including procedures for enforcement of the code.
Regardless of whether a student makes an allegation of student-to-student or staff-to
student harassment or discrimination directly to the DAC or to another school employee,
allegations of Dignity Act-related incidents must be investigated and appropriately
responded to in the same manner as all other infractions of the Code of Conduct and in
accordance with any and/or all other applicable school and/or district policies and
procedures related to student discipline.
Investigating and Responding to Allegations of Staff-to-Student Harassment
and/or Discrimination
In the case of a report of alleged staff-to-student harassment and/or discrimination,
reporting, investigation, and response must follow all applicable school and/or district
policies and procedures, including contractual provisions and due process obligations
related to staff-to-student misconduct.
Pursuant to the Commissioner’s regulations, each district and BOCES Code of Conduct
must, among other things, contain provisions for disciplinary measures to be taken for
incidents on school property or at school functions involving harassment, bullying and/or
discrimination (8 NYCRR §100.2[l][2][ii][g]). The code must also contain provisions for
responding to acts of harassment, bullying, and/or discrimination against students by
employees or students which incorporate a progressive model of student discipline that
includes measured, balanced and age-appropriate remedies and procedures that make
appropriate use of prevention, education, intervention and discipline, and considers
among other things, the nature and severity of the offending student’s behavior(s), the
developmental age of the student, the previous disciplinary record of the student and
other extenuating circumstances, and the impact the student’s behaviors had on the
individual(s) who was physically injured and/or emotionally harmed (8 NYCRR
§100.2[l][2][ii][h]). Responses shall be reasonably calculated to end the harassment,
bullying, and/or discrimination, prevent recurrence, and eliminate the hostile environment
(8 NYCRR §100.2[l][2][ii][h]).
36
The regulations also require that each Code of Conduct contain a provision prohibiting
retaliation against any individual who, in good faith, reports or assists in the investigation
of harassment, bullying, and/or discrimination (8 NYCRR §100.2[l][2][ii][t]).
SECTION V: FAMILY AND PARENT ENGAGEMENT: COMMUNICATING WITH THE
SCHOOL COMMUNITY
Establishing or leveraging an existing system for communicating with the entire school
community, including faculty and staff, parents and students, and community members
may play a key role in gaining support at the local level for the implementation of the
Dignity Act. It is critical to keep in mind that communication should be an evolving and
continuous process, including a process for encouraging feedback.
Over the course of a school year, new situations and issues will likely emerge and new
students and staff may enter the school community. An ongoing dialogue surrounding
issues addressed in the Dignity Act will be vital in promoting a school climate free from
discrimination and harassment that values and respects diversity.
Regardless of how the school provides information and gathers feedback, on-going
communication with the whole school community is essential to sustaining an inclusive
school culture that meets the needs of all students.
Schools are encouraged to use multiple means of communicating with the school
community to ensure the Dignity Act becomes part of the fabric of the school culture,
including but not limited to:
• District and/or school town hall and parent meetings
• District and/or school workshops for various stakeholder groups including but not
limited to parents, students, faculty and staff, community members, etc.
• District and School websites
• District/school questionnaires and/or surveys
• A Dignity Act Coordinator email box through which to gather community feedback
and concerns
• School newsletters and brochures aimed at one or more of the various stakeholder
groups
• Posters developed by the District and disseminated to all school sites
• Establishing local committees to enhance implementation and communication
It is important to include students in promoting positive and respective interpersonal
relations using the
following strategies:
• Student forums
37
• Discussion groups and/or regularly scheduled meetings of students and school
leaders in addition to student government meetings)
• School culture and areas of concern as agenda items for student government
meetings
• Displays of student posters that promote interpersonal and intergroup respect
• School and/or class newsletters and newspapers
Family engagement matters. Families play a significant and complex role in supporting
and valuing the learning of their children, in school, in the home and in the community.
Family and community engagement are one of the largest untapped and underutilized
resources available to the school community. In order to support and sustain the
culture and climate that is fostered in the school, families need to be included. Families,
and by extension communities, are a students’ first teachers. They provide the support
and reinforcement of values and expectations beyond the school hours. Working from
the expanded definition of family engagement provided by Dr. Heather Weiss of the
Harvard Family Research Center
9
gives common understanding of the scope of family
engagement.
“First, family engagement is a shared responsibility in which schools and other
community agencies and organizations are committed to reaching out to engage
families in meaningful ways and in which families are committed to actively supporting
their children's learning and development.
Second, family engagement is continuous across a child's life and entails enduring
commitment but changing parent roles as children mature into young adulthood.
Third, effective family engagement cuts across and reinforces learning in the multiple
settings where children learn- at home, in prekindergarten programs, in school, in after
school programs, in faith-based institutions, and in the community.”
Successful education must be a collaborative effort, including all stakeholders involved.
The responsibility for a students’ education begins at home; however, it does not end
there. Families can contribute to the school community in meaningful ways. Engaging
families within the school on multiple levels impacts the climate of the school on many
levels. Students know that families are invested in and supportive of their continuing
education. A true partnership can be formed.
A safe and caring school climate has a positive impact on student learning. Just as the
perceptions regarding the school climate impact the morale and achievement of students,
the perceptions regarding the value of a students’ family affect the impact that schools
have on students. This leads to an increase in respect between all stakeholders.
Developing a mutually respectful relationship between the school, student and family
provides ongoing support for integrating positive behavioral support. Promoting a safe
and supportive school where families with a wide range of cultural and educational
backgrounds can collaborate, shows that all learners are welcome and valued. Many of
the cultural and economic barriers can be addressed by engaging families in the climate
of the school. Parental figures have the opportunity to provide positive role models for
9
http://www.hfrp.org/family-involvement/informing-family-engagement-policy
38
their children as well as others. Interaction with teachers and students increases family
confidence and comfort with interactions with the school which benefits all involved.
SECTION VI: RESTORATIVE APPROACHES AND PROGRESSIVE DISCIPLINE
One of the Dignity Act’s underlying premises is that preventive and non-punitive
intervention in response to incidents of discrimination and/or harassment, where
appropriate, can be an effective way to foster school environments free from harassment
and discrimination (see Education Law §§10, 13). Schools are, therefore, encouraged to
use a wide range of intervention measures to address discrimination and/or harassment,
including, where appropriate, restorative practices, conflict resolution, peer-mediation,
and counseling, rather than over-relying on exclusionary methods of discipline, such as
suspension.
Understanding discipline as a "teachable moment" is fundamental to a positive approach
to discipline. It has been in particular the experience of the New York City Department of
Education that restorative approaches can help schools prevent or deal with conflict
before it escalates; build relationships and empower community members to take
responsibility for the well-being of others; increase the social skills of those who have
harmed others; address underlying factors that lead youth to engage in inappropriate
behavior and build resiliency; provide wrong doers with opportunities to be accountable
to those they have harmed; and enable them to repair the harm to the extent possible.
Taking a restorative approach to discipline changes the fundamental questions that are
asked when a behavioral incident occurs. Instead of asking who is to blame and how
will those engaged in the misbehavior be punished, the restorative approach asks four
key questions:
• What happened?
• Who was harmed or affected by the behavior?
• What needs to be done to make things right?
• How can people behave differently in the future?
Restorative practices may include:
• Circle Process: Circles may be used as a regular practice in which a group of students
(or faculty or students and faculty) participates. A circle can be used in response to a
particular issue that affects the community. The circle process can enable a group to
get to know one another, build relationships, establish understanding and trust, create
a sense of community, learn how to make decisions together, develop agreements for
39
the mutual good, resolve difficult issues, etc. Circles can be effective as both a
prevention and intervention strategy.
• Restorative Enquiry/Restorative Discussion: This method uses active listening and
other conflict resolution communication skills. Using a collaborative negotiation
process enables an individual to talk through an issue or conflict directly with the
person with whom s/he disagrees to arrive at a mutually satisfactory resolution.
• Target/Offender Mediation: During mediation, an individual or group acknowledges
s/he has harassed, bullied, or discriminated against another person and both the
person who engaged in the behavior and the person who was harassed, bullied, or
discriminated against agree to see how the incident(s) can be put right by working with
an impartial, third party mediator who has received specific training in target/offender
mediation. Regardless of the circumstances, the mental and physical health, safety
and welfare of the individual who was harassed, bullied, or discriminated against is of
paramount importance when considering this option in a school setting and should not
be used when the offender (individual who has initiated the incident) may intimidate or
coerce or attempt to intimidate or coerce the other person.
• Formal Restorative Conference: A circle process in which individuals who have
acknowledged engaging in the behavior are brought together with those who have
been harassed, bullied, or discriminated against. A formal restorative conference is
facilitated by an individual who has received specific training in the process. In
addition to the individuals who have been directly involved, both sides may bring
supporters who have also been affected by the incident to the circle. The purpose of
the conference is for both parties to understand each other’s perspective and come to
a mutual agreement, which will repair the harm as much as it is able to be repaired.
Regardless of the circumstances, the mental and physical health, safety and welfare
of the individual who was harassed, bullied, or discriminated against is of paramount
importance when considering this option in a school setting.
A restorative approach emphasizes values of empathy, respect, honesty, acceptance,
responsibility, and accountability. Restorative approaches:
• Provide ways to effectively address behavior and other complex school issues;
• Offer a supportive environment that can improve learning;
• Improve safety by preventing future harm;
• Offer alternatives to suspension and expulsion.
A restorative approach can provide opportunities to socialize youth and teach them how
to be productive members of society. The discipline process includes learning how to
control one’s impulses and honing pro-social skills. Disciplinary responses to misbehavior
may also employ varying levels of support and control. Paul McCold and Ted Watchel
have described four general approaches to social discipline: neglectful, permissive,
40
punitive, and restorative.
10
Restorative discipline combines strict control and strong
support of youth, and approaches wrongdoing in a way that is not punitive, neglectful, or
permissive. The following diagram developed by McCold and Watchel illustrates this
principle:
According to the International Institute for Restorative Practices
11
,the:
“restorative approach, with high control and high support, confronts and
disapproves of wrongdoing while affirming the intrinsic worth of the offender. The
essence of restorative justice is collaborative problem-solving. Restorative
practices provide an opportunity for those who have been most affected by an
incident to come together to share their feelings, describe how they were affected
and develop a plan to repair the harm done or prevent a reoccurrence. The
restorative approach is reintegrative, allowing the offender to make amends and
shed the offender label.”
Inclusion in the disciplinary process is a basic tenet of restorative justice. Students, as
well as teachers, should be included as members of the school community. Restorative
disciplinary practices within schools are more supportive, inclusive, and educational than
other approaches. In reaching the goals of restorative discipline, experts recommend:
• Creating caring climates to support healthy communities;
• Understanding the harm and developing empathy for both the person engaged in the
behavior and person who was harassed, bullied, or discriminated against;
• Listening and responding to the needs of the person engaged in the behavior and
person who was harassed, bullied, or discriminated against;
10
http://www.iirp.edu/iirpWebsites/web/uploads/article_pdfs/paradigm.pdf
11
http://www.iirp.edu/article_detail.php?article_id=NDI0
41
• Encouraging accountability and responsibility through personal reflection within a
collaborative environment;
• Reintegrating the person engaged in the behavior into the community as a valuable,
contributing member of society;
• Changing the system when it contributes to harm.
Fostering a restorative school culture
Schools may implement restorative approach in varying degrees, from a single program
to a permeating school philosophy. A restorative approach can be implemented through
daily practices used by everyone in the school, from administrators to students, or as a
formal program available to students who have violated school rules.
Restorative practices involve youth and promote awareness, understanding, sharing, and
learning. Classroom discussions may be held to set behavior standards. Rather than a
teacher prescribing rules of conduct, students are given the opportunity to explore and
determine how to create a positive community. Routine classroom meetings allow
students to share their feelings, discuss classroom issues and learn how to solve
problems in a democratic setting.
Recommendations to implement good restorative practices in schools include:
• Fostering awareness on how all have been affected by behavior and encourage
expression of feelings;
• Avoiding scolding or lecturing.
• Avoiding a culture of humiliation.
• Actively involving students.
• Accepting ambiguity. Fault and responsibility may be unclear.
• Separating the deed from the doer, recognize students’ worth and disapprove of their
wrongdoing.
• Seeing instances of wrongdoing and conflict as an opportunity for learning. Turn
negative incidents into constructive ones by building empathy and a sense of
community.
Youth can be included in all aspects of discipline, including preventing and dealing
with conflict. Classroom problem-solving that incorporates restorative practices
may include:
• Developing trusting and caring relationships between adults and students.
42
• Fostering skills to resolve conflict, such as listening, empathy, critical thinking, and
self-control.
• Determining what has happened and why by asking questions and listening to the
answers.
• Maximizing student involvement in deciding how to resolve problems.
• Resolving problems with open-ended questions, exploring different responses,
reflecting on motives, and allowing for disagreement.
• Assisting students in considering ways to make amends for misbehavior, such as
replacing, repairing, cleaning, or apologizing.
• Following up to determine whether the problem was solved or more work needs to be
done.
• Encouraging reflection.
• Allowing flexibility for different students, needs, and situations.
• Minimizing the punitive impact when control is necessary to repair the relationship and
address underlying issues.
Conflict resolution refers to various processes that may be used to facilitate resolution of
a conflict between two or more disputants. Most non-violent conflict resolution falls into
one of the following four categories from most to least input and control over the outcome
of dispute:
1. Negotiation
2. Mediation
3. Arbitration
4. Litigation
Collaborative Negotiation: The most direct method of conflict resolution is collaborative
negotiation in which one or both disputants knows and understands the strategies and
skills needed to talk through a conflict.
An individual trained in collaborative negotiation knows how to facilitate a direct
conversation with the person with whom s/he is in conflict. During the collaborative
negotiation process, s/he will articulate her/his position and underlying need(s), surface
the position and underlying need(s) of the person with whom s/he is in conflict and reframe
the conflict into a mutual problem to be resolved by both parties.
43
The goal of a collaborative negotiation is to arrive at a mutually agreed upon resolution
that meets the needs of both parties.
Mediation: Mediation is a collaborative negotiation which is facilitated by a neutral third
party - the trained mediator.
At the start of the mediation, a trained mediator will lay out the ground rules for the
mediation process. During the mediation, the mediator will facilitate a conversation
between the two disputants to surface the position and underlying need(s) of each person
and reframe the conflict into a mutual problem to be resolved by both parties.
The goal of a mediation is for the two disputants to arrive at a mutually agreed upon
resolution that meets the needs of both parties.
Peer Mediation: Peer mediation involves an impartial, third party mediator (in a school,
a student who has been trained to serve as a peer mediator) facilitates the negotiation
process between parties who are in conflict so that they can come to a mutually
satisfactory resolution. Mediation recognizes that there is validity to the conflicting points
of view that the disputants bring to the table and helps disputants work out a solution that
meets both sets of needs. Disputants must choose to use mediation and must come to
the process willingly. Mediation is often not used in situations in which one individual has
been victimized by another.
The Difference between Negotiation and Mediation versus Arbitration and Litigation:
In both the negotiation and mediation process, the resolution of the conflict is arrived at
by the individuals who are personally involved in the conflict. In arbitration and litigation,
the decision as to how a conflict is resolved is removed from the individuals involved.
• In arbitration, a neutral third party hears both sides of the conflict and decides upon
the resolution. While each disputant provides his or her side of the story, neither
disputant has input or control over the final resolution.
• Disputants in litigation are further removed from the resolution process. Generally,
they do not present their own case. In most instances, a disputant’s case is
presented by an attorney and regardless of whether a disputant represents
her/himself in litigation process; s/he has no control over the resolution. Either a
judge or jury ultimately decides the final resolution.
Guidance for a Progressive Student Discipline Process
The Code of Conduct shall include:
a progressive model of student discipline to respond to acts of harassment, bullying,
including cyberbullying, and/or discrimination that includes measured, balanced
44
and age-appropriate remedies and procedures that make appropriate use of
prevention, intervention discipline, and education, and considers among other
things, the nature and severity of the student perpetrator’s behavior(s), the
developmental age of the student perpetrator, the student perpetrator’s history of
behaviors in violation of the code of conduct and other extenuating circumstances,
and the impact the student perpetrator’s behaviors had on the individual(s) who
was physically injured or emotionally harmed. This progressive model of student
discipline shall be consistent with the other provisions of the code of conduct.
Guiding Principles
1. Disciplinary action shall be in response to alleged violations of the student code
of conduct established and approved by local board policies.
2. Due process procedures required by federal and state law will be followed. The
degree of disciplinary action will be in proportion to the severity of the
misbehavior.
3. Each incident of inappropriate behavior is unique in terms of situational variables.
Similarly, disciplinary action will reflect consideration of several factors specific to
the student involved in the incident.
4. The model will strive for a safe and orderly student learning environment through
a systematic process of behavioral correction. Inappropriate behaviors are
followed by consequences. Inappropriate behaviors are substituted with those
that are consistent with the character traits identified in character and civility
training required by New York State law.
5. Students in violation of the code of conduct cannot be assumed to have had
sufficient instruction and/or practice in utilizing the particular character trait(s)
related to the misbehavior. As such, disciplinary action should include engaging
students in activities/events that reflect desirable character traits.
6. Parents are viewed as integral partners to be utilized when addressing students'
misbehavior.
7. It is preferable to reassign disruptive students to isolated and individual oriented
in-school suspension programs or alternative educational settings rather than to
suspend or expel such students from school.
Alternatives to Exclusionary Discipline
The Southern Poverty Law Center has identified several successful alternatives to
suspension or other forms of exclusionary discipline for student misbehavior that does
not require removing the student from school in order to ensure safety of the school
community.
Emphasize Behavioral Expectations
• Reemphasize behavioral expectations at the time the student misbehaves.
• Employ behavior contracts to establish and reinforce behavioral expectations.
45
Collaborate with Parents/Guardians
• Create a protocol for involving parents in discipline issues.
• Hold a meeting with a student and his or her parent/guardian to provide feedback
on misbehavior.
Model Constructive Conflict Resolution
• Mediate conflicts between students and/or students and staff.
• Use restorative justice circles to resolve disputes.
Address the Root Cause of Misbehavior
• Require students to attend workshops on anger management or building self-
esteem.
• Refer misbehaving students to a counselor, social worker, or behavior
interventionist and/or arrange for students to receive services from a counseling,
mental health, or mentoring agency.
Keep Students in Schools
• Require students to attend in-school suspension during lunchtime, afterschool, or
on weekends, during which time they work on homework. Do not remove students
from class as punishment for being tardy or misbehaving.
• Adjust the student’s class schedule or placement to maximize academic and
behavioral improvement.
Keep Students Accountable
• Match at-risk students with an adult mentor at school with whom they can check in
at the beginning and end of each school day.
• Require daily or weekly check-ins with an administrator for a set period of time.
Use Alternatives that Teach Good Behavior
• Require students to perform community service.
• Require students to engage in a reflective activity, such as writing an essay about
his/her misbehavior and how it affected others and/or the school community, and
work with students to choose an appropriate way for him/her to apologize and
make amends to those harmed or offended (Restorative Justice).
SECTION VII: INTERNET SAFETY AND ACCEPTABLE USE POLICIES (AUP)
46
Internet safety refers to the countless issues facing students due to the widespread use
of the Internet, including the need to keep children and all users safe while online.
Incidents of harassment, discrimination and/or bullying can begin or spread online (see
Section VIII of this document for a discussion of cyberbullying). Therefore, it is
recommended that schools and districts examine policies to ensure safe and responsible
Internet use by students and teachers.
In accordance with Education Law §814 relating to courses of study on Internet Safety,
the State Education Department (NYSED) provides assistance and resources to schools
concerning the safe and responsible use of the Internet. Under both the federal and state
law, school districts are required to teach students about safe and responsible use of the
Internet. One such resource is a rubric to assist school administrators and educators with
reviewing their instructional programs with a focus on Internet safety.
Please see:
http://www.p12.nysed.gov/technology/internet_safety/InternetSafetyProgramEval
uationrubric.html.
An AUP serves as the guideline for the use of Internet, web-based products, and
computer access provided by school districts. The AUP is a written agreement outlining
the terms and conditions for the use of technology-based devices maintained by schools
and may include provisions related to personal technology-based devices used during
school hours on school property.
It is strongly suggested that administrators consult their school attorney with
specific questions or concerns related to Internet safety and AUP.
For more information and guidance on Internet use at school and the AUP, please see:
http://www.p12.nysed.gov/technology/internet_safety/. The Children’s Internet
Protection Act (CIPA)
CIPA is the primary federal law concerning access to offensive content over the Internet
on school and library computers (http://fcc.gov/cgb/consumerfacts/cipa.html). According
to the Federal Communications Commission, requirements of this law include:
• Schools and libraries subject to CIPA may not receive the discounts offered by the
E-rate program unless they certify that they have an internet safety policy that
includes technology protection measures. The protection measures must block or
filter internet access to pictures that are: (a) obscene; (b) child pornography; or
(c) harmful to minors (for computers that are accessed by minors). Before adopting
such an internet safety policy, schools and libraries must provide reasonable notice
and hold at least one public hearing or meeting to address the proposal.
• Schools subject to CIPA are required to adopt and enforce a policy to monitor
online activities of minors.
• Schools and libraries subject to CIPA are required to adopt and implement an
internet safety policy addressing: (a) access by minors to inappropriate matter on
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the internet; (b) the safety and security of minors when using electronic mail, chat
rooms, and other forms of direct electronic communications; (c) unauthorized
access, including so-called “hacking,” and other unlawful activities by minors
online; (d) unauthorized disclosure, use, and dissemination of personal information
regarding minors; and (e) measures restricting minors’ access to materials harmful
to them.
Internet Safety Policies
Considering these requirements, a school district should revisit its policy regarding the
use of social networking web sites and Instant Messaging Centers. A decision needs
to be made as to whether the school district supports the use of these sites to
encourage communication between staff, students, and persons in parental relation
to students. If it encourages the use of these sites for such communications, it is wise
to establish parameters to ensure that staff, students, and persons in parental relation
to students are not placed at risk. There are many resources available for teaching
internet safety in your school or district, including free lesson plans.
SECTION VIII: GUIDANCE ON BULLYING AND CYBERBULLYING
A. Cyberbullying Generally
The U.S. Department of Health and Human Services National Bullying Prevention
Campaign: Take a Stand. Lend a Hand. Stop Bullying Now!” defines bullying as
aggressive behavior that is intentional and involves an imbalance of power or strength. It
is generally repeated over time. Traditionally, bullying has involved actions such as hitting
or punching (physical bullying), teasing or name-calling (verbal bullying), or intimidation
through gestures or social exclusion.
In recent years, technology has given people a new means of bullying each other.
Cyberbullying takes place through the use of computers, cell phones and other electronic
devices. Examples of cyberbullying include:
• Sending hurtful, rude, or mean text messages to others
• Spreading rumors or lies about others by e-mail or on social networks
• Creating websites, videos or social media profiles that embarrass, humiliate, or
make fun of others
Bullying online is very different from face-to-face bullying because messages and images
can be:
• Sent 24 hours a day, 7 days a week, 365 days a year
• Shared to a very wide audience
• Sent anonymously
www.stopbullying.gov/topics/cyberbullying/
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Awareness and support of student behavior are often overlooked aspects of a
comprehensive policy for dealing with issues of bullying and cyberbullying. As a result,
students who are targeted often become alienated because they are simply unsure of the
appropriate steps to take to address the situation. To ensure that these circumstances
do not occur, school administrators are strongly encouraged to provide support for
students through guidance, social work, and/or psychological services in the district.
Schools are also encouraged to include local social service agencies in this process.
Cyberbullying can be understood in a variety of ways, but all include the following: it is
deliberate, harmful, uses electronic technologies and is usually repeated over time. An
imbalance of power is usually involved, but may be more difficult to describe since it may
come from having proficiency with technology, or due to having possession of some
information or content that can be used to harm someone else. The most common forms
of cyberbullying include: harassment, flaming, cyberstalking, denigration, impersonation,
sexting, happy slapping, outing, and trickery. Definitions for these terms may be found in
the Glossary located in Appendix A.
One incident of bullying is too many. Bullying in general, and cyberbullying in particular,
are becoming increasingly important concerns to educators, students, and parents and
have created new challenges for school administrators in their efforts to create and
maintain safe and secure learning environments. Students need to feel safe in order to
maximize their academic and social potential.
Threats of cyberbullying and its continuous exposure to students make this a particularly
important topic for all school building administrators, teachers, and support staff to
address. The fact that cyberbullying has no geographic boundaries adds another level of
complexity to the issue. Thus, students require clear and unambiguous guidance, so they
do not become overwhelmed or feel as though they must manage the bullying alone. This
guidance provides educators with policy, program, and legal considerations for dealing
with the issues of bullying, cyberbullying, and general internet safety. It is also designed
to assist schools in developing a comprehensive approach for dealing with these issues,
which, if left unaddressed, can lead to the creation of unsafe school environments.
Educators are encouraged to consult with the attorney in their school district during the
development of their bullying, cyberbullying, and Internet safety policies, particularly
regarding investigating cyberbullying and disciplining students.
For additional guidance and recommendations, see the Dignity Act Guidance for Local
Implementation and the Dignity Act Guidance for Updating Codes of Conduct at:
http://www.p12.nysed.gov/dignityact/resources.html.
B. Cyberbullying and the Dignity Act
49
As discussed above, the Dignity Act prohibits discrimination and harassment of students
by other students or district employees on school property, school buses, and at school
sponsored extra-curricular events or activities.
In recognition of the dangers of cyberbullying and related conduct that can occur “off
campus,” the 2012 amendments to the Dignity Act broadened the definition of harassment
and bullying to mean the creation of a hostile environment by conduct or by threats,
intimidation or abuse, including cyberbullying, that (a) 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; or (b) reasonably
causes or would reasonably be expected to cause a student to fear for his or her physical
safety; or (c) reasonably causes or would reasonably be expected to cause physical injury
or emotional harm to a student; or (d) 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 (Education Law §11[7]).
The Dignity Act defines “cyberbullying” as harassment or bullying that occurs through any
form of electronic communication (Education Law §11[8]). Cyberbullying can include,
among other things, harassment by way of email, instant messaging, blogs, chat rooms,
pagers, cell phones, gaming systems, tweeting, or social media websites. It is important
to note that the regulation of off-campus conduct that is in the form of verbal or written
speech--whether communicated face-to-face, in writing or electronically--may implicate
the First Amendment rights of the speaker. The extent of a school’s responsibility and/or
authority to address off-campus harassment or bullying in the form of speech depends
upon the specific facts of each unique situation. As a result, this guidance cannot
establish bright-line rules. Rather, districts are urged to review each fact pattern with their
school attorney to determine the proper bounds of school responsibility and/or authority
in a particular case.
The Dignity Act’s prohibition of off-campus harassment and cyberbullying (whether
originating on- or off-campus) is grounded in Supreme Court precedent as articulated in
Tinker v. Des Moines Indep. Community School District, 393 US 503 (1969). The Tinker
court held that school administrators may prohibit student expression where it “materially
and substantially disrupt[s] the work and discipline of the school.” The
Second Circuit Court of Appeals (the federal appeals court with jurisdiction over New York
schools) has followed Tinker in two cases involving student speech, Doninger v. Niehoff,
et al., 527 F. 3d 41 (2d Cir. 2008) and Wisniewski v. Board of Education of the Weedsport
Central School District, 494 F.3d 34 (2d Cir. 2007), cert. denied 552 US 1296 (2008).
In both cases, the court found that disciplining students for off-campus speech did not
violate those students’ First Amendment rights because, in the words of the Doninger
court, “a student may be disciplined for expressive conduct, even conduct occurring off
school grounds, when the conduct would ‘foreseeably create a risk of substantial
disruption within the school environment’, at least when it was similarly foreseeable that
the off-campus expression might also reach campus” (Doninger, 527 F.3d at 48).
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The Dignity Act has incorporated the Tinker test, as followed by the New York courts in
Doninger and Wisniewski, in its prohibition of harassment (including cyberbullying) which
“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” (Education Law §11[7]).
In Cuff v. Valley Central School District, a student’s First Amendment rights were not
violated when he was suspended for drawing a picture in class expressing a wish to
“[b]low up the school with the teachers in it”. The Second Circuit reiterated that in the
context of student speech favoring violent content, school officials may take disciplinary
action when it can be demonstrated that the facts might reasonably have led them to
forecast substantial disruption of or material interference with school activities: “This test
does not require school administrators to prove that actual disruption occurred or that
substantial disruption was inevitable. Rather, the question is ‘whether school officials
might reasonably portend disruption from the student expression at issue’” (677 F3d 109,
112-113 [2d Cir. 2012]).
While school officials have broad authority to protect the school environment from
substantial disruption, that authority is not without limitation. School officials must,
therefore, analyze the facts of each unique situation to determine whether speech can be
curbed or whether doing so would violate a student’s First Amendment rights.
The discipline of the student who has engaged in harassment is only one tool for
combating harassment. Districts are encouraged to provide support to the targeted
student and to talk with the accused student. As discussed above and throughout this
guidance, the Dignity Act requires schools to act proactively to create a school
environment and culture that is free of harassment through training, education, policy and
guidelines. The more effective the measures are that prevent harassment from occurring
in the first instance, the less likely schools will he required to engage in the complex act
of balancing student safety against First Amendment rights. Because this area of the law
continues to evolve, NYSED recommends that districts, BOCES and charter schools
continue to consult with their attorneys in developing and reviewing policies on bullying,
cyberbullying and sexting to ensure that implementation at the local level is consistent
with law and students’ rights.
The Code of Conduct should also include statements that make it abundantly clear that
cyberbullying is a form of harassment and bullying and that both it and sexting are
unacceptable and inappropriate and on school grounds or at school-sponsored events or
functions, using either school or personal technology. Sexting incidents should be
reported on the VADIR in either intimidation, harassment, menacing or bullying (IHMB
category 10) or other disruptive incidents (category 20), provided these reporting
thresholds are met: the incident is violent/disruptive; it occurred on school property/school
sponsored events; and it merits or would merit disciplinary actions. Disciplinary or referral
actions may potentially include the following:
• Referral to counseling;
• Restorative approaches
• Teacher removal (formal 3214 hearing);
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• Suspension from class or activities; in-school equivalent of one full day; Activities
or transportation for five (5) consecutive school days;
• Out of school suspension: equivalent of one full day;
• Transfer to alternative setting; or
• Referral to law enforcement
This guidance is meant to provide ideas to address the issue of cyberbullying. You are
invited to contact the NYS Education Department’s Office of Student Support Services
at (518) 486-6090 or the www.p12.nysed.gov/dignityact if you require additional
assistance.
APPENDIX A Dignity for All Students Act (Dignity Act)
Dignity Act Glossary and Acronym Guide
Dignity for All Students Act (Dignity Act)
The intent of the Dignity Act is to provide all public elementary and secondary school
students with a safe and supportive environment free from discrimination, harassment,
bullying, taunting, or intimidation, as well as to integrate civility, citizenship, and character
education into the public school curriculum.
The Dignity Act explicitly provides that no student be subjected to harassment and/or
bullying by employees and/or students on school property or at a school function nor shall
any student be subjected to discrimination based on his or her actual or perceived race,
color, weight, national origin, ethnic group, religion, religious practice, disability, sexual
orientation, gender (including gender identity), or sex (Education Law §12; see
www.regents.nysed.gov/meetings/2011Meetings/June2011/611p12d4.pdf.
Note - This glossary is divided into two sections. The first section contains Dignity Act
statutory definitions. The second section contains definitions of Dignity Act-related terms
that are derived from a variety of different sources including, but not limited to, federal and
state agencies, international groups, and/or other organizations. These definitions are
included here for reference purposes to further assist school districts, BOCES and charter
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schools in their Dignity Act implementation efforts. It is recommended that districts,
BOCES, and charter schools consult with their attorneys regarding implementation of the
Dignity Act.
Section I – Dignity Act Statutory and Regulatory Definitions
Cyberbullying means harassment or bullying as defined in Education Law §11(7)(a), (b), (c), and
(d), that occurs through any form of electronic communication (Education Law §11[8]).
www.p12.nysed.gov/technology/internet_safety/documents/cyberbullying.pdf
Disability means (a) a physical, mental or medical impairment resulting from anatomical,
physiological, genetic or neurological conditions which prevents the exercise of a normal bodily
function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or
(b) a record of such an impairment or (c) a condition regarded by others as such an impairment,
provided, however, that in all provisions of this article dealing with employment, the term must be
limited to disabilities which, upon the provision of reasonable accommodations, do not prevent
the complainant from performing in a reasonable manner the activities involved in the job or
occupation sought or held (Education Law §11[3] and Executive Law §292[21]).
Discrimination is not specifically defined in the Dignity Act. However, it would include any form
of discrimination against students prohibited by state or federal law such as, for example, the
denial of equal treatment, admission and/or access to programs, facilities and services based on
the person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious
practice, disability, sexual orientation, gender (including gender identity), or sex. For reference
purposes, it should be noted that Education Law §§3201 and 3201-a prohibit discrimination in the
form of denial of admission into or exclusion from any public school on the basis of race, creed,
color, national origin, and sex.
Emotional Harm that takes place in the context of “harassment or bullying” means harm to a
student’s emotional well-being through creation of a hostile school environment that is so severe
or pervasive as to unreasonably and substantially interfere with a student’s education (8 NYCRR
§100.2[l][2][ii][b][5]).
Employee means any person receiving compensation from a school district or employee of a
contracted service provider or worker placed within the school under a public assistance
employment program, pursuant to title nine-B of article five of the Social Services Law, and
consistent with the provisions of such title for the provision of services to such district, its students
or employees, directly or through contract, whereby such services performed by such person
involve direct student contact (Education Law §§11[4] and 1125[3]).
Gender means a person’s actual or perceived sex and includes a person’s gender identity or
expression (Education Law §11[6]).
12
12
It should be noted, for reference purposes only, that the World Health Organization refers to gender as
socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for
men and women. www.who.int/gender/whatisgender/en/
53
Harassment and bullying means the creation of a hostile environment by conduct or by threats,
intimidation, or abuse, including cyberbullying, that 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; or reasonably causes or would reasonably be
expected to cause a student to fear for his or her physical safety; or reasonably causes or would
reasonably be expected to cause physical injury or emotional harm to a student; or 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. For the purposes of this
definition the term “threats, intimidation or abuse” shall include verbal and non-verbal actions.
(Education Law §11[7]).
Material Incident of Harassment, Bullying, and/or Discrimination is defined in 8 NYCRR
100.2(kk)(1)(ix) as a single verified incident or a series of related verified incidents where a student
is subjected to harassment, bullying and/or discrimination by a student and/or employee on school
property or at a school function. This term includes a verified incident or a series of related verified
incidents of harassment or bullying that occur off school property where such acts create 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, and is
the subject of a written or oral complaint to the superintendent, principal, or their designee, or
other school employee.
Material incidents of harassment, bullying, and/or discrimination would 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 practices, disability, sexual orientation, gender, or
sex.
School Bus means every motor vehicle owned by a public or governmental agency or private
school and operated for the transportation of pupils, children of pupils, teachers and other persons
acting in a supervisory capacity, to or from school or school activities, or, privately owned and
operated for compensation for the transportation of pupils, children of pupils, teachers and other
persons acting in a supervisory capacity to or from school or school activities (Vehicle and Traffic
Law §142 and Education Law §11[1]).
School Function means a school-sponsored extra-curricular event or activity (Education Law
§11[2]).
School Property means in or within any building, structure, athletic playing field, playground,
parking lot, or land contained within the real property boundary line of a public elementary or
secondary school; or in or on a school bus (Education Law §11[1] and Vehicle and Traffic Law
§142).
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Sexual Orientation means actual or perceived heterosexuality, homosexuality, or bisexuality
(Education Law §11[5]).
13
Section II – Dignity Act-Related Terms Definitions
Bias-Related Harassment (or violence) is described by the New York City Commission on
Human Rights as conduct that is motivated by a victim’s race, color, creed, national origin, gender
(including gender identity), sexual orientation, age, marital or partnership status, family status,
disability, alienage, or citizenship status.
Bias-motivated conduct may include a pattern of threatening verbal harassment or cyberbullying,
the use of force, intimidation or coercion, and defacing or damaging real or personal property. For
more information see: www.nyc.gov/html/cchr/html/bias.html
Bullying has been described by the U.S. Department of Education as unwanted, aggressive
behavior that involves a real or perceived power imbalance. The behavior is repeated, or has the
potential to be repeated, over time. According to the U.S. Department of Education, bullying
generally involves the following characteristics:
• An Imbalance of Power: Individuals who bully use their power, such as physical
strength, access to embarrassing information, or popularity to control or harm
others. Power imbalances can change over time and in different situations, even
if they involve the same people.
• Intent to Cause Harm: The person bullying has a goal to cause harm. Bullying is
not accidental.
• Repetition: Bullying behaviors generally happen more than once or have the
potential to happen more than once.
Examples of bullying include, but are not limited to:
Verbal: Name-calling, teasing, inappropriate sexual comments, taunting and
threatening to cause harm.
Social: Spreading rumors about someone, excluding others on purpose, telling other
children not to be friends with someone, and embarrassing someone in public.
Physical: Hitting, punching, shoving, kicking, pinching, spitting, tripping, pushing,
taking or breaking someone’s things and making mean or rude hand gestures.
13
It should be noted, for reference purposes only, that the Empire State Pride Agenda refers to sexual
orientation as one’s romantic and sexual attraction. Gender expression is not in itself any indicator of sexual
orientation. Moreover, according to the Empire State Pride Agenda, just like everyone else, gender non-
conforming and transgender people may be straight, lesbian, gay, bisexual or asexual.
www.prideagenda.org/Issues-Explained/Transgender-Equality-and-Justice/Quick-
Facts.aspx
55
For more information see: www.stopbullying.gov/what-is-bullying/index.html
Cyberstalking - Repeated harassment that includes threats of harm or that is highly intimidating
and intrusive upon one’s personal privacy.
Denigration – “Dissing” someone online. Sending or posting cruel gossip or rumors about a
person to damage his or her reputation or friendships.
Ethnicity - According to the United Nations, some of the criteria by which ethnic groups are
identified are ethnic nationality (in other words, country or area of origin as distinct from citizenship
or country of legal nationality), race, color, language, religion, customs of dress or eating, tribe or
various combinations of these characteristics. In addition, some of the terms used, such as "race",
"origin" and "tribe”, have several different connotations.
It is important to consider both how a student self-identifies and how he or she is perceived in the
school when determining if race and/or ethnicity were the basis of discrimination or harassment
directed at the student.
14
(http://unstats.un.org/unsd/demographic/sconcerns/popchar/popcharmethods.htm)
While the terms “race” and “ethnicity” have similarities, they are not identical concepts. For
example, a student may self-identify as both “Black” and “Latino”. “Black” may describe their race
and “Latino” (an ethnic term), may indicate their ancestry, family and/or language traditions.
Neither of these terms describes the student’s national origin. As such, in this example they may
be American, Cuban, Dominican, Guatemalan, etc.
Flaming - Online fights using electronic messages with angry and vulgar language.
Gender Identity and Expression is an individual’s internal sense of being a man, a woman, a
boy, a girl, or something outside of these binaries. Since gender identity is internal, it is not
necessarily visible to others. Some ways in which people may express or represent their gender
include dress, hair style, mannerisms, body characteristics, name and pronouns. This has also
been described by the Empire State Pride Agenda as the way in which people self-identify and
present their masculinity and femininity to the world.
www.prideagenda.org/Issues-Explained/Transgender-Equality-and-Justice/Quick-
Facts.aspx
Gender identity is not the same as sexual orientation—people of all different orientations can
identify and express their gender in many different ways. Students may face harassment or
bullying because they are “gender non-conforming,” meaning they express their gender in a way
that does not conform to society’s expectations, regardless of their sexual orientation.
Happy Slapping - An extreme form of bullying where physical assaults are recorded on mobile
phones or digital cameras and distributed to others.
14
See, Saint Francis College v. Al-Khazraji, 481 U.S. 604, 610 (1987)
56
Impersonation - Breaking into someone’s account, posing as that person and sending messages
to make the person look bad, get that person in trouble or danger, or damage that person’s
reputation or friendships.
LGBTQ is an acronym that stands for lesbian, gay, bisexual, transgender, queer, or questioning.
Lesbian, gay, and bisexual are terms used to describe a person’s sexual orientation; people of all
different orientations can identify and express their gender in many different ways. Students may
face harassment or bullying because they are “gender nonconforming,” meaning they express
their gender in a way that does not conform to society’s expectations, regardless of their sexual
orientation and whether they identify as transgender. For more information, see:
www.prideagenda.org/issues-explained/transgender-equality-andjustice/quick-facts.aspx
Microaggressions - Brief, everyday exchanges, verbal and non-verbal, that send messages to
certain individuals that because of their group membership, they have little worth. These small
exclusions, expressions, and gestures can affect the quality of life and standard of living for
students who are members of marginalized groups, and they create disparities in education. They
are often overlooked as contributing to negative school climate. Some examples include:
• Avoiding an empty seat in class because it is next to a larger girl.
• Heavy sighing to indicate disapproval each time a student of a particular race walks
into the classroom.
• Leading classroom discussions that assume all students are heterosexual, for
example, using classroom materials that define marriage as between a man and a
woman.
• The common phrase “that’s so gay” is not directed at individuals, but consistently
reinforces that “gay” is negative or undesirable.
National Origin Discrimination has been described by the U.S. Department of Justice as
discrimination based upon an individual's nationality, country of birth or country of origin, or the
country of origin of an individual's family or spouse. It also includes discrimination based upon a
person’s characteristics that are identified with a particular country or national origin, such as
dress, accent, language, religion, or racial attributes.
www.justice.gov/opa/pr/2001/December/01_crt_656.htm
It is important to consider both how the student self-defines his or her national origin, and how
he or she is perceived by others in the school. For example, students of South Asian descent
may be harassed by other students who perceive them to be of Arab descent; although the
students are not actually Arab-American, this harassment would be based on their perceived
national origin.
Persistent and/or Pervasive: These terms are often used in the context of harassment lawsuits
brought under federal civil rights laws. While they are not used in the text of the Dignity Act, they
can act as guideposts for schools in determining the seriousness of student behavior. These
terms are often used to distinguish behavior that is not particularly severe and therefore may go
unnoticed.
• Persistent refers to behavior that may not be particularly significant in one incident but that is
repeated over time in such a way that it creates a hostile environment. For example, a student
57
shoves another student every day in the hallway. The shoves aren’t serious and don’t cause
injury, but over the course of weeks or months they can contribute to the school becoming a
hostile environment for the targeted student.
• Pervasive refers to behavior that is relentless and encompasses an entire school building,
classroom, or other situation. For example, a gay student who is not necessarily targeted by
one other student but is called various slurs on a day-to-day basis, is excluded from peer
groups, and experiences a classroom learning environment that reinforces his “otherness” (for
example, a textbook that defines marriage as between a man and a woman) could be said to
be experiencing pervasive harassment leading to a hostile environment.
Outing - Sharing someone’s secrets or embarrassing information online.
Race has been described by the National Center for Education Statistic as the groups to which
individuals belong, identify with, or belong in the eyes of the community. It is important to consider
both how a student self-identifies and how he or she is perceived in the school when determining
if race and/or ethnicity were the basis of discrimination or harassment directed at the student.
http://nces.ed.gov/ipeds/reic/definitions.asp
For reference purposes, it should be noted that the New York State Education Department
(Department) reports aggregate racial and ethnic data to the U.S. Department of Education in
the following seven categories: (1) Hispanic/Latino; (2) American Indian or Alaskan Native; (3)
Asian; (4) Black or African American; (5) Native Hawaiian or Other Pacific Islander; (6) White; or
(7) Two or more races. However, this is not a complete list of races or ethnicities that are
protected by the Dignity Act—the Dignity Act protects students against harassment,
discrimination, or bullying based on a person’s actual or perceived race, color, weight, national
origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.
Example: A student with dark skin may be harassed for being “black” in a majority white school,
and is entitled to the same protection regardless of whether the student identifies as African,
Caribbean, South Asian, Latino, or Pacific Islander. It is likely that schools will experience
instances where a student’s experience is based on a combination of both race and ethnicity
(and other factors as well).
Religion may be defined, according to the United Nations, as either religious or spiritual belief of
preference, regardless of whether this belief is represented by an organized group or affiliation
with an organized group having specific religious or spiritual tenets.
http://unstats.un.org/unsd/demographic/sconcerns/popchar/popcharmethods.htm#J
Religious Practice - According to the U.S. Equal Employment Opportunity Commission, religious
observances or practices include attending worship services, praying, wearing religious garb or
symbols, displaying religious objects, adhering to certain dietary rules, proselytizing or other forms
of religious expression, or refraining from certain activities. Determining whether a practice is
religious turns not on the nature of the activity, but on the person’s motivation. The same practice
might be engaged in by one person for religious reasons and by another person for purely secular
reasons. Whether or not the practice is “religious” is therefore a situational, case-by-case inquiry.
www.eeoc.gov/policy/docs/religion.html#_Toc203359487
58
As noted above, religion may be defined, according to the United Nations, as either religious or
spiritual belief of preference, regardless of whether this belief is represented by an organized
group or affiliation with an organized group having specific religious or spiritual tenets.
http://unstats.un.org/unsd/demographic/sconcerns/popchar/popcharmethods.htm
#J
Therefore, a student’s belief system may come from a recognized religious authority, or it may
not; either way, the student is entitled to the same protection from discrimination and harassment
based on his or her actual or perceived religion or religious practice at school. Harassment, based
on a student’s religion, could be, for example, other students mocking him for being Jewish;
discrimination, based on a student’s religious practice, for example, could be a teacher requiring
that a student remove a head covering required by the student’s religion.
School Climate: Educating the Whole Child Engaging the Whole School: Guidelines and
Resources for Social and Emotional Development and Learning (SEDL) in New York State,
adopted by the New York State Board of Regents in 2011, refers to school climate as the quality
and character of school life. School climate promotes or complicates meaningful student
learning. Two aspects of school climate, commitment to school and positive feedback from
teachers, have been shown to affect students’ self-concept. School climate is also a major
influence on teacher retention.
For more information see: http://www.p12.nysed.gov/sss/sedl/SEDLguidelines.pdf
Sex – Sex is the biological and physiological characteristics that define men and women. Sex is
different than gender, and people may have gender identities or gender expressions that differ
from their sex. Sex and gender discrimination and harassment may also overlap, particularly
when a student is gender-non-conforming, meaning he or she expresses his or her gender in a
way that does not conform to society’s expectations. Harassment directed toward that student
may take the form of both sexual harassment and gender harassment.
Some examples:
• Male students catcalling at a female student in the hallway is harassment based on sex.
Male students making comments about another boy’s body in the locker room is also
harassment based on sex.
• A student bullying a female classmate because she shaves her head is harassment based
on gender. The bullying is based on the other student’s belief that she has a “boys’ haircut”
and is “acting like a boy;” in other words, she is bullied because she doesn’t conform to
gender stereotypes about girls.
The World Health Organization has stated that sex refers to the biological and physiological
characteristics that define men and women. www.who.int/gender/whatisgender/en
Sexting has been described as the sending, receiving or forwarding of sexually suggestive nude
or nearly nude photos through text messages or email.
For more information see:
www.missingkids.com/missingkids/servlet/NewsEventServlet?LanguageCountry=en_US&PageI
d=4131 and http://criminaljustice.state.ny.us/missing/i_safety/i_intro.htm
59
Transgender has been described by the Empire State Pride Agenda as an umbrella term that
refers to people who identify their gender differently from what is traditionally associated with the
sex assigned to them at birth. This includes people who have undergone medical procedures to
change their sex and those who have not.
www.prideagenda.org/Issues-Explained/Transgender-Equality-and-Justice/Quick-
Facts.aspx
Transgender is not a sexual orientation; transgender students can be gay, straight, bisexual, etc.
just like any other student. Transgender people can “transition,” meaning they can begin to
express their gender identity differently than what is expected of them, at any time in their lives,
including childhood. An example of discrimination against a transgender student would be the
school refusing to use his preferred gender pronoun and preferred name in class.
Trickery - Tricking someone into revealing secrets or embarrassing information which is then
shared online.
Dignity Act Acronym Guide
60
ADL
BOCES
DAC
DASA
DCJS
FERPA
GLSEN
LGBTQ
NYAPT
NYAGRA
NYCLU
NYSCSS
NYSCOSS
NYSED
NYSPTA
NYSSBA
NYSUT
SAANYS
SAVE
SEDL
SBGA
Anti-Defamation League
Board of Cooperative Educational Services
Dignity Act Coordinator
Dignity for All Students Act
Division of Criminal Justice Services
Family Educational Rights and Privacy Act
Gay, Lesbian, and Straight Education Network
Lesbian, Gay, Bi-Sexual, Transgender, Questioning
New York Association for Pupil Transportation
New York Association of Gender Rights Advocacy
New York Civil Liberties Union
New York State Center for School Safety
New York State Council of School Superintendents
New York State Education Department (or “the Department”)
New York State Parent Teacher Association
New York State School Boards Association
New York State United Teachers
School Administrators Association of New York State
Safe Schools Against Violence in Education
Social and Emotional Development and Learning
Superintendents of School Building and Grounds Association
APPENDIX B Federal Law Requiring Nondiscrimination Policies
61
A school’s obligations under the Dignity Act do not change its obligations to adopt
nondiscrimination policies required under federal law (Titles II, VI, IX and Section 504).
For guidance on federal nondiscrimination policy, see the U.S. Department of Education
Office for Civil Rights at: www2.ed.gov/about/offices/list/ocr/poloverview.html
The U.S. Department of Education Office for Civil Rights recommends the following
language:
The (Name of School or District) does not discriminate on the basis of race, color, national
origin, sex, disability, or age in its programs and activities and provides equal access to
the Boy Scouts and other designated youth groups.
1
The following person has been
designated to handle inquiries regarding the non-discrimination policies:
Name and/or Title; Address; Telephone
It is the policy of the ________ to provide educational and employment opportunities
without regard to race, color, religion, creed, ethnicity, national origin, age, citizenship
status, age, marital status, partnership status, disability, sexual orientation, gender (sex),
military status, prior record of arrest or conviction, except as permitted by law,
predisposing genetic characteristics, or status as a victim of domestic violence, sexual
offenses and stalking, and to maintain an environment free of harassment on any of the
above-noted grounds, including sexual harassment or retaliation.
This policy is in accordance with Title VI and Title VII of the Civil Rights Act of 1964, Title
IX of the Education Amendments of 1972, Age Discrimination in Employment Act of 1967,
Section 503 and Section 504 of the Rehabilitation Act of 1973, Fair Labor Standards
Amendments of 1974, Immigration Reform and Control Act of 1986, The Americans with
Disabilities Act of 1990, Civil Rights Act of 1991, New York State and City Human Rights
Laws and Provisions of Non-Discrimination in Collective Bargaining Agreements of the
_________.
NOTIFICATION OF NON-DISCRIMINATION POLICY postings should be conspicuously
displayed in universal areas throughout all _______ sites, in appropriate languages.
Postings are designed to inform employees, persons in parental relation, students, and
applicants for employment of the Department's policy on Non-Discrimination.
APPENDIX C Selected Resources to Assist in the Implementation of the Dignity Act
NYSED and the Dignity Act Task Force do not endorse any commercial or for-profit programs.
Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
Alaska Native Knowledge Network
http://ankn.uaf.edu/Resources/course/view.php?id=2
This site is an illustration of standards developed by Alaska Native educators
to provide a way for schools and communities to examine the extent to which
they are attending to the educational and cultural well-being of the students.
These “cultural standards” provide guidelines or touchstones against which
schools and Teachers can access free lesson plans written by teachers for
elementary, middle, and high school by subject and topic.
American Federation of Teachers (AFT)
https://sharemylesson.com/preventbullying
The AFT highlighting resources designed to support teachers and
paraprofessionals in fostering a positive school climate, and how to create a
classroom environment in which you can address racism and stereotyping--
topics at the forefront of our national dialogue. These featured preK-12 activities
and articles also include ways to prevent bullying before it starts.
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Sponsoring Organization/Agency &
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
American Psychological Association (APA)
www.apa.org/helpcenter/bullying.aspx
The mission of the APA is to advance the creation, communication and
application of psychological knowledge to benefit society and improve lives. The
web site - Bullying: What Parents, Teachers Can Do to Stop It includes
information from Susan Swearer, PhD.
Anti-Defamation League (ADL): A World of Difference Institute
https://www.adl.org/what-we-do/promote-respect/bullying-cyberbullying-
prevention
www.adl.org/education/curriculum_connections (curriculum)
www.adl.org/prejudice/default.asp (prejudice)
The ADL fights anti-Semitism and all forms of bigotry through information,
education, legislation, and advocacy. ADL serves as a resource for government,
media, law enforcement, educators, and the public. The ADL A World of
Difference Institute® provides anti-bias education with curriculum and materials
available for pre-K through college, community groups, corporations, religious
organizations, and law enforcement. The program provides teachers with
lessons to help students explore prejudice, examine diverse viewpoints, and
take leadership roles.
Bridging Refugee Youth and Children’s Services (BRYCS)
www.brycs.org/clearinghouse/Highlighted-Resources-Bullying.cfm
BRYCS is the Office of Refugee Resettlement's national technical assistance
provider on refugee child welfare. BRYCS assists service providers from
refugee resettlement agencies, as well as child welfare and schools, and ethnic
community based organizations.
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Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
Brown University
www.alliance.brown.edu/tdl
"Teaching Diverse Learners" was developed as part of the National Leadership
Area for the Northeast and Islands Regional Educational Laboratory (LAB), a
program of the Education Alliance at Brown University. The goal is to help
teachers work effectively and equitably with English language learners (ELLs)
by providing access to research-based information, strategies, and resources
for addressing the concerns of ELLs in the classroom and beyond.
California Department of Education
http://chks.wested.org
The California Healthy Kids Survey (CHKS) is the largest statewide survey of
resiliency, protective factors, and risk behaviors in the nation.
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Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
Centers for Disease Control and Prevention (CDC)
Best Practices of Youth Violence Prevention: A Sourcebook for Community
Action is the first of its kind to look at the effectiveness of specific violence
prevention practices in four key areas: parents and families; home visiting;
social and conflict resolution skills; and mentoring.
https://www.cdc.gov/violenceprevention/youthviolence/index.html
The CDC Division of Adolescent and School Health web page on LGBTQ youth
and bullying includes advice and resources on how teachers and school
administrators can prevent bullying in schools, and what parents can do to
support their children. www.cdc.gov/lgbthealth/youth.htm
City College of San Francisco
www.ccsf.edu/Resources/Tolerance
This site offers lessons that promote tolerance, justice, and a deeper
appreciation of differences. There are additional links to other tolerance
resources.
Collaborative for Academic, Social and Emotional Learning (CASEL)
http://casel.org
CASEL’s mission is to establish social and emotional learning as an essential
part of education.
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Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
Common Sense Media
www.commonsensemedia.org/educators/cyberbullying-toolkit
A nonprofit organization, offers a free Digital Literacy & Citizenship
Curriculum to help educators empower students to be safe. Common
Sense provides online access to videos, discussion guides, tip sheets, and
presentations to share with parents to reinforce classroom learning. It
offers Standing up, Not Standing By: A Free Cyberbullying Toolkit for
Educators.
Connect Safely
www.connectsafely.org
ConnectSafely.org is for parents, teens, educators, advocates - everyone
engaged in and interested in the impact of the social Web.
ConnectSafely.org also has all kinds of social- media safety tips for teens
and parents, the latest youth-tech news, and many other resources.
Cyberbullying Research Center
www.cyberbullying.us
Provides up-to-date information about the nature, extent, causes, and
consequences of cyber bullying among adolescents. Research on
cyberbullying is discussed in blogs, videos, and publications.
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Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
Facing History and Ourselves
www.facinghistory.org/resources/collections/bullying
Facing History and Ourselves delivers classroom strategies, resources
and lessons that inspire young people to take responsibility for their world.
Internationally recognized for its quality and effectiveness, Facing History
supports schools in New York City. The website contains resources and
tools for teachers and students.
Gay, Lesbian, Straight, Education Network (GLSEN)
https://www.glsen.org/educate/resources
GLSEN is the leading national education organization focused on
ensuring safe schools for all students. GLSEN envisions a world in which
every child learns to respect and accept all people, regardless of sexual
orientation or gender (including gender identity) identity/expression. The
web site includes lesson plans, curricular tools, information on teacher
training and more. Join GLSEN's Educators Network mailing list to
receive information on new educational resources as they become
available, including lesson plans and other materials.
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Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
Ground Spark: Respect for All Project
http://groundspark.org/respect-for-all
Provides youth and adults who guide their development the tools they need to
engage in age-appropriate discussions about human difference, preventing
prejudice and building caring communities. The project offers resources for
educators and youth-service providers, including award-winning documentary
films, high-quality curriculum guides, and a comprehensive workshop series
for professionals and community members.
International Bullying Prevention Association
https://ibpaworld.org/
The International Bullying Prevention Association (IPBA) supports research
based bullying prevention principles and practices to achieve a safe school
climate, healthy work environment, good citizenship, and civic responsibility.
i-SAFE
www.isafe.org
Supported by Congress and federal agencies, i-SAFE is a non-profit
organization dedicated to educating and empowering youth to safely,
responsibly, and productively use information and communication technology
(ICT). i-SAFE’s best practice curriculum for primary and secondary schools is
embedded with outreach activities to empower students, teachers, parents,
law enforcement, and the community to control online experiences to use the
Internet with safety.
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Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
It Gets Better Project
www.itgetsbetter.org
ItGetsBetter.org is a site where young people who are LGBT can see how love
and happiness can be a reality in their future – and where straight allies can
support friends and family members. People can share their stories, take the It
Gets Better Project pledge, watch videos, and seek help through the Trevor
Project and GLSEN.
Jamie Nabozny
www.jamienabozny.com
Throughout middle school and high school, Jamie Nabozny was bullied for
being gay. With the help of Lambda Legal Defense and Education Fund he
fought back and won a landmark federal lawsuit against school administrators
for failing to stop the harassment.
Kidscape
www.kidscape.org.uk
Agency established to prevent bullying and child sexual abuse. Site provides
tips for children, parents, and educators on how to recognize and prevent
bullying.
Learning to Give
https://www.learningtogive.org/teach/lessons
Learning to Give educates youth about the importance of philanthropy, the civil
society sector, and civic engagement. The site offers free K-12 lessons and
resources for teachers, parents, and community leaders.
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Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
Long Island Gay and Lesbian Youth
http://ligaly.org
Long Island Gay and Lesbian Youth is a Nassau and Suffolk not-for-profit
organization providing education, advocacy, and social support services to
Long Island's gay, lesbian, bisexual, and transgender youth and young adults,
and all youth, young adults, and their families for whom sexuality, sexual
identity, gender identity, and HIV/AIDS are an issue. Their goals are to
empower GLBT youth, advocate for their diverse interests, and to educate
society about them.
Michigan State University (MSU) Library
www.lib.msu.edu
The MSU Library is continuously updating their collection of materials which
offer suggestions for maintaining a welcoming classroom for all children and
showcase best practices in presenting different cultures and diverse
perspectives to children.
Morningside Center for Teaching Social Responsibility
www.morningsidecenter.org
Classroom lessons foster critical thinking on issues of the day and a positive
classroom environment. Teachers are free to use these lessons in their
classrooms.
National Association for Multicultural Education (NAME)
https://www.nameorg.org/bullying_prevention.php
NAME is a non-profit organization that advances and advocates for equity and
social justice through multicultural education.
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Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
National Association of School Psychologists (NASP)
www.nasponline.org/resources/factsheets/bullying_fs.aspx
The NASP is the premier source of knowledge, professional development,
and resources, to empower school psychologists to ensure that all children
and youth attain optimal learning and mental health. NASP supports school
psychologists to enhance the learning and mental health of children and
youth. Bullying facts for schools and parents highlighting factors that cause
people to become bullies and victims, along with preventative options for
schools, parents, and community members.
National Bullying Prevention Center
www.pacer.org/bullying
www.pacerkidsagainstbullying.org
www.pacerteensagainstbullying.org/#/home
Interactive website to educate kids and teens about bullying. Includes
games and articles.
National Center for Missing & Exploited Children (NCMEC)
http://www.missingkids.com/education
Program created with Internet safety experts at NetSmartz® Workshop, a
program of NCMEC. Materials for children, teens, and educators on safe
Internet use including, videos, games, and teaching materials.
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Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
National Education Association
http://www.nea.org/tools/lessons/teaching-students-to-prevent-bullying.html
Bullied students that go it alone because they don’t know who to turn to are far
more likely to fall behind in their studies, get sick and/or depressed, miss
school, and drop out. And in the most tragic cases, the bullied student commits
suicide, or “bullycide,” as it has come to be known. But research tells us that
one caring adult can make all the difference in a bullied student’s life.
National Crime Prevention Council
https://www.ncpc.org/programs/be-safe-and-sound-in-school/
Manages the National Citizens Crime Prevention Campaign, McGruff the
Crime Dog, and the Crime Prevention Coalition of America. Offers
interactive clips for children to address solutions to bullying. Site provides
links to articles about bullying.
National Cyber Security Alliance
www.staysafeonline.org
Provides free lesson plans to teach students how to safely navigate social
networking websites.
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Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Class-
School
Student
Issues
room
Climate
&
& SEDL
Parent
National Park Service – Martin Luther King, Jr. Memorial
www.nps.gov/malu/forteachers/lessonplansandteacherguides.htm
The Dr. Martin Luther King, Jr.'s Legacy of Racial and Social Justice: A
Curriculum for Empowerment is a teacher's resource guide that provides
activities for students in K-8 to explore the rich history of the civil rights
movement and the persona of Dr. Martin Luther King, Jr. The curriculum focuses
on building on students' civil rights knowledge and helping them to compare
present-day realities to past struggles for justice in America and throughout the
world.
National School Climate Center (NSCC)
https://www.schoolclimate.org/services/educational-offerings
The NSCC helps schools integrate social and emotional learning with academic
instruction; enhances student performance; prevents dropouts; reduces
physical violence and bullying; and develops healthy and positively engaged
adults.
National School Safety Center
www.schoolsafety.us
The National School Safety Center was established as a joint program between
the U.S. Departments of Education and Justice. The Center now operates as
an independent non-profit organization serving schools, providing training and
technical assistance in the areas of safe school planning and crime prevention.
Nemours Foundation
http://kidshealth.org
A nonprofit organization devoted to improving the health of children. Type
“bullying” into search window. Spanish available.
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Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Class-
School
Student
Issues
room
Climate
&
& SEDL
Parent
New York State Center for School Safety (NYSCFSS)
http://www.nyscfss.org/
The NYSCFSS provides technical support and training on a variety of school
safety-related laws, including SAVE and SSEC reporting (VADIR/DASA).
New York State Education Department (NYSED)
www.p12.nysed.gov/dignityact The Dignity for All Students Act web site
www.p12.nysed.gov/sss/sedl/SEDLguidelines.pdf Social/Emotional
Development and Learning (SEDL) Guidelines: Adopted by the NYS Board of
Regents on July 18, 2011.
www.p12.nysed.gov/technology/internet_safety Guidance on cyberbullying and
Internet safety.
Olweus Bullying Prevention Program
www.olweus.org
The Olweus Program is designed to improve peer relations and make schools
safer, more positive places for students to learn and develop.
OnGuardOnline.Gov
https://www.consumer.ftc.gov/features/feature-0038-onguardonline#for-
educators-amp-parents
OnGuardOnline.gov is the federal government’s website to help you be safe and
responsible online. The Federal Trade Commission manages site, in partnership
with federal agencies, including the Department of Education and Department
of Justice.
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Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
Operation Respect
www.operationrespect.org
Operation Respect is a non-profit organization founded by Peter Yarrow to
assure each child a respectful, safe and compassionate climate of learning
where their academic, social and emotional development can take place free
of bullying, ridicule, and violence. It features the Don’t Laugh at Me
program/song. There is a grade 2-5 and 6-8 teacher’s guide, after school
program, and summer program. There is a conflict resolution curriculum
developed by Resolving Conflict Creatively of Educators for Social
Responsibility.
Parents, Families, & Friends of Lesbians & Gays (PFLAG)
www.pflag.org
PFLAG promotes the health and well-being of lesbian, gay, bisexual and
transgender persons, families and friends through support to cope with an
adverse society; education to enlighten the public; and advocacy to end
discrimination and secure equal civil rights. PFLAG has education programs,
including a 10 Ways you can Make Schools Safer…For All Students web site.
Positive Behavioral Interventions & Supports (PBIS)
www.pbis.org
Positive Behavioral Interventions and Supports (PBIS) when applied at the
School-wide level is frequently called School-wide Positive Behavior Support.
(SWPBS). SWPBS refers to a system change process for an entire school or
district. The underlying theme is teaching behavioral expectations in the same
manner as any core curriculum subject.
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Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
Public Broadcasting Service (PBS)
http://www.pbs.org/parents/expert-tips-advice/?s=bullying
Public television and radio stations in New York State are chartered by the
Board of Regents and are therefore institutions within the University of the
State of New York. This site includes a variety of bullying resources.
Queering Education Research Institute (QuERI)
www.queeringeducation.org
QuERI is an independent think-tank, qualitative research and training center
affiliated with Syracuse University. The purpose of QuERI is to bridge the gap
between research and practice in teaching LGBTQ students and the creation
of LGBTQ youth-affirming schools and programs.
Relational Aggression
www.relationalaggression.com
RelationalAggression.com discusses the emotional and psychological side of
bullying. Contributors post blogs and articles associated with relational
aggression. The program was developed by Laura Martocci, Ph.D. who
currently teaches Sociology at Wagner College.
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Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
Safety Web
www.safetyweb.com
This program is behind the SafetyWeb Online Tracker (SWOT) service
that is used by law enforcement nationwide to assist in the search of
missing children. An Internet monitoring service for parents that makes it
easier to protect the reputation, privacy, and safety of kids online.
Sesame Street
www.sesamestreet.org/parents/topicsandactivities/topics/bullying
Bullying is a problem many children will face as they grow up. Watch the
Good Birds Club with your child to begin a conversation about bullying.
Additionally, watch the Happy to Be Me Anti-Bullying Discussion videos
for more about recognizing and preventing bullying.
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Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
Southern Poverty Law Center – Teaching Tolerance
www.teachingtolerance.org
Founded in 1991 by the Southern Poverty Law Center, Teaching Tolerance is
dedicated to reducing prejudice, improving intergroup relations and supporting
equitable school experiences for our nation's children. The Teaching Tolerance
Program provides classroom activities for grades K – 12 on a variety of topics
including but not limited to becoming an ally, freedom, ageism, discrimination,
bias, sexism, injustice, citizenship, and positive classroom climate. The lessons
integrate these concepts into science, math, social studies, and English
language arts.
Stop Cyberbulling.Org
www.stopcyberbullying.org
Wired Kids Inc. provides kid-friendly information on what cyber bullying is, why
it happens, and how to prevent it.
Striving to Reduce Youth Violence (STRYVE)
https://vetoviolence.cdc.gov/violence-type-information/youth-violence
STRYVE is a national initiative led by the CDC to prevent youth violence before
it starts. STRYVE’s vision is safe and healthy youth who can achieve their full
potential as connected and contributing members of thriving, violence-free
families, schools, and communities.
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Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
Tanenbaum Center for Interreligious Understanding
https://tanenbaum.org/combat-extremism/
Tanenbaum confronts religious ignorance and violence with results-oriented
programs that reduce hatred and produce real change in the way people think
and act.
The Lower East Side Tenement Museum
www.tenement.org/education_lessonplans.html
The Tenement Museum preserves and interprets the history of immigration
through the personal experiences of generations of newcomers who settled in
Manhattan's Lower East Side; forges emotional connections between visitors
and immigrants past and present; and enhances appreciation for the profound
role immigration has played and continues to play in shaping America's evolving
national identity.
The Trevor Project
www.trevorproject.org
The Trevor Project is determined to end suicide among LGBTQ youth by
providing lifesaving and life-affirming resources including a nationwide, 24/7
crisis intervention lifeline, digital community, and advocacy/educational
programs that create a safe, supportive, and positive environment. The Trevor
Project operates three core program areas to provide life-saving and life-
affirming resources for LGBTQ youth and to create safe, accepting and
inclusive environments regardless of sexual orientation or gender (including
gender identity or expression).
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Sponsoring Organization/Agency &
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
U.S. Department of Education – Office of Civil Rights
https://www2.ed.gov/about/offices/list/ocr/docs/hq43ef.html
Guidance Counselor Role in Ensuring Equal Educ. Opportunity
• https://www2.ed.gov/about/offices/list/ocr/letters/colleague-
201010.pdf
Dear Colleague Letter Harassment and Bullying (October 26, 2010)
• Safe and Supportive Schools Technical Assistance Center
http://safesupportiveschools.ed.gov/
U.S. Department of Health and Human Services: Office on Women’s
Health
www.girlshealth.gov/bullying
The Office on Women's Health's (OWH) provides guidance to promote
health for women/girls via sex/gender-specific approaches.
U.S. Department of Justice (DOJ)
https://ojp.gov/
https://ojp.gov/ovc/pubs/ThroughOurEyes/schoolinterventions.html
https://ojp.gov/ojpblog/blog-cybersecurity.htm
Revised 12/18/17
81
Sponsoring Organization/Agency
Web Site Address
Resource Categories
General
LGBTQ
Cultural
Cyber
Issues
Classroom
School
Climate
& SEDL
Student
&
Parent
U.S. Government Agencies (Other)
www.stopbullying.gov
Provides information from federal government agencies on how
kids, teens, young adults, parents, educators and others in the
community can prevent or stop bullying.
U.S. Holocaust Memorial Museum
www.ushmm.org/education
Web Quests
www2.maxwell.syr.edu/plegal/tips/t4prod/weisswq1.html Violence in
Schools: Student Victimization (MS/HS)
http://bgeagles.tripod.com/webquest/index.htm
Bye-bye Bully (grade 4)
Welcoming Schools
www.welcomingschools.org
Welcoming Schools is an LGBT-inclusive approach to addressing family
diversity, gender stereotyping and bullying and name-calling in K-5 learning
environments. The program provides administrators, educators and
parents/guardians with the resources necessary to create learning
environments in which all learners are welcomed and respected. Learning
activities address family diversity, gender stereotyping, and bullying.
APPENDIX D
Selected Resources Consulted
Birkett, M., Espelage, D.L., Koenig, B. (2009). LGB and questioning students in schools: The moderating
effects of homophobic bullying and school climate on negative outcomes. Journal of Youth and
Adolescence, 38, 989–1000.
Coker, T.R., Austin, S.B., & Schuster, M.A. (2010). The health and health care of lesbian, gay and bisexual
adolescents. Annual Review of Public Health, 31, 457-477.
Dawkins, J. L. (1996). Bullying, physical disability and the pediatric patient. Developmental Medicine and
Child Neurology, 38, 603-612.
Greytak, E.A., Kosciw, J.G., & Diaz, E.M. (2009). Harsh realities: The experiences of transgender youth in
our nation’s schools. New York: GLSEN.
Kosciw, J.G., Greytak, E.A., Diaz, E.M., & Bartkiewicz, M.J. (2009). The 2009 National School Climate
Survey. New York: GLSEN.
Lewis, T.J. & Sugai, G. (1999). Effective behavior support: A systems approach to proactive schoolwide
management. Focus on Exceptional Children, 31(6), 1-24.
Martlew, M., & Hodson, J. (1991). Children with mild learning difficulties in an integrated and in a special
school: comparisons of behavior, teasing and teachers’ attitudes. British Journal of Educational Psychology,
61, 355-372.
Mishna, F. (2003). Learning disabilities and bullying: Double jeopardy. Journal of Learning Disabilities, 36,
1-15.
Nabuzoka, D. & Smith, P. K. (1993). Sociometrical status and social behavior of children with and without
learning difficulties. Journal of Child Psychology and Psychiatry, 34, 1435-1448.
Saylor, C., & Leach, J. (2009). Perceived bullying and social support students accessing special inclusion
programming. Journal of Developmental and Physical Disabilities, 69-80.
Sugai, G., Horner, R.H., Dunlap, G., Hieneman, M., Lewis, T.J., Nelson, C.M. et al (2000). Applying Positive
Behavior Support and Functional Behavioral Assessment in Schools. Journal of Positive Behavior
Interventions, 2(3), 131-143.
Thompson, D., Whitney, I., & Smith, P. (1994). Bullying of children with special needs in mainstream schools.
Support for Learning, 9, 103-106.
Unnever, J. D., & Cornell, D. G. (2003). Bullying, self-control, and ADHD. Journal of Interpersonal
Violence, 18, 129147.
Walker, H.M., Horner, R.H., Sugai, G., Bullis, M., Sprague, J.R., et al (1996). Integrated approaches to
preventing antisocial behavior patterns among school-age children and youth. Journal of Emotional and
Behavioral Disorders, 4(4), 194-209.
APPENDIX E Dignity Act Task Force Members
The Dignity Act Task Force is comprised of the following agencies and offices, educational
associations, not-for-profit organizations, and educational institutions:
State Agencies and Offices
• New York State Assemblyman O’Donnell
• New York State Senator Flanagan
• New York State Division of Criminal Justice Services
• New York State Division of Human Rights
• New York State Education Department
• New York State Executive Chamber
• New York State Office for Prevention of Domestic Violence
• New York State Office of Mental Health
• New York State Office of Temporary Disability and Assistance
• New York State Police
Educational Associations
• New York Association of Pupil Transportation
• New York State Center for School Safety
• New York City Council of School Administrators
• New York State Association of School Nurses
• New York State Association of School Psychologists
• New York State Council of School Superintendents
• New York State School Attorney’s Association
• New York State School Boards Association
• New York State School Social Workers Association
• New York State School Counselor’s Association
• New York State Superintendents of School Buildings and Grounds Association
• New York State United Teachers
• School Administrators Association of New York State
Not-For-Profit Organizations
• Anti-Defamation League
• Center for Independence of Disabled
• Child Abuse Prevention Services
• Council on American Islamic Relations
• Empire State Pride Agenda
• Facing History and Ourselves
• Gay, Lesbian, and Straight Education Network
• Girls for Gender Equity
• Hunts Point Alliance for Children
• Morningside Center for Teaching Social Responsibility
• New York Association for Gender Rights Advocacy
• New York Civil Liberties Union
• New York State Middle School Association
• New York State Parent-Teacher Association
• Sikh Coalition
• Trevor Project
• Youth Policy Institute
Educational Institutions
• Eastern Suffolk BOCES
• Genesee Valley BOCES
• Monroe-Woodbury Central School District
• Moravia Central School District
• New York City Department of Education
• Oceanside Union Free School District
• Onondaga-Cortland-Madison BOCES
• Shenendehowa Central School District
• Queering Education Research Institute (QuERI) at Syracuse University