DIGNITY FOR ALL STUDENTS ACT
The Dignity for all Students Act was signed into law on September 13, 2010 and takes effect on July 1, 2012; this Act amended Section 801-a of New York State Education Law regarding instruction in civility, citizenship, and character education by expanding the concepts of tolerance, respect for others and dignity to include: an awareness and sensitivity in the relations of people, including but not limited to, different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, gender identity or expressions, and sexes. The Dignity Act further amended Section 2801 of the Education Law by requiring Boards of Education to include language addressing the Dignity Act in their codes of conduct.
Harassment and Bullying are now defined as:
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 foreseeable create 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 t, 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 nonverbal actions. (Education Law §11(7))
The Board of Trustees of the Wainscott Common School District wholeheartedly endorses the Dignity Act without any reservation whatsoever. For many years predating the Dignity Act, Character Education has played an important role in the daily fabric of Wainscott School life including, but not limited to:
• Word of the week
• Citizen of the week
• Relevant books read during read-aloud
• Follow-up group activities
• Plays
• Manners discussed and reinforced daily, including in the lunchroom and during recess
• Groups with the school psychologist
• Guest speakers
• Ethical use of technology and awareness of cyberbullying
Character Education shall be conducted by, but not limited to, the K-1 and 2-3 teachers and the School Psychologist. Pursuant to the Commissioner’s Regulations §801-a, (8 NYCRR 100.2(c)(2))such education shall include “awareness and sensitivity to discrimination or harassment in civility in the relations of people of different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, genders and sexes”.
The Wainscott Common School District shall create policies addressing the following:
Creating a school environment that is free from discrimination or harassment
Creating guidelines to be used in school training programs to discourage the development of discrimination or harassment, designed to raise the awareness and sensitivity of school employees to potential discrimination or harassment and to enable employees to prevent and respond to discrimination or harassment
Creating guidelines relating to the development of nondiscriminatory instructional and counseling methods, and requiring that at least one staff member be thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender and sex.
REVISIONS TO THE CODE OF CONDUCT
The district’s Code of Conduct shall be amended to include:
an age-appropriate version of the policy;
provisions prohibiting discrimination and harassment against any student, by employees or students on school property or at a school function.
provisions for responding to acts of discrimination and harassment against students by employees or students on school property
a bill of rights and responsibilities of students which focuses upon positive student behavior and a safe and supportive school climate.
SCHOOL EMPLOYEE TRAINING PROGRAMS
The Wainscott School District shall provide a DASA training program for employees which raises awareness to potential acts of discrimination and/or harassment and train employees how to respond to incidents of discrimination and/or harassment (8 NYCRR 100.2(jj)).
DIGNITY ACT COORDINATOR
At the District’s Reorganization Meeting in July, or as soon as practicable thereafter, the District shall appoint a Dignity Act Coordinator who shall be trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender and sex.
DASA ANNUAL REPORTING REQUIREMENTS
The Wainscott School District shall submit an annual report to the New York State Education Department “in a manner prescribed by the Commissioner, on or before the basic educational data system (BEDS) reporting deadline”. All data requested by the NYSED shall be submitted in a timely fashion by the Superintendent of Schools or his/her designee.
REPORTING OF INCIDENTS
Parents and students may make an oral or written report of harassment, bullying or discrimination to teachers, administrators, and other school personnel that the school district deems appropriate.
School employees who witness harassment, bullying or discrimination, or receive an oral or written report of harassment, bullying or discrimination must promptly orally notify the Superintendent of Schools or his/her designee no later than one school day after such employee witnesses or receives a report of harassment, bullying or discrimination, and file a written report to the Superintendent of Schools or his/her designee not later than two school days after making such oral report.
The Superintendent of Schools or his/her designee must lead or supervise a thorough investigation of all reports of harassment, bullying or discrimination and to ensure that such investigation is completed promptly after receipt of any written reports made pursuant to this policy.
The school, when an investigation reveals any such verified harassment, bullying or discrimination, must take prompt actions reasonably calculated to end the harassment, bullying or discrimination, eliminate any hostile environment, create a more positive school culture and climate, prevent recurrence of the behavior, and ensure the safety of the student or students against whom such harassment, bullying or discrimination was directed.
The school shall prohibit retaliation against any individual who, in good faith, reports, or assists, in the investigation of harassment, bullying or discrimination.
The Superintendent of Schools shall make a regular report on data and trends related to harassment, bullying and discrimination to the Board of Trustees.
The school shall, at least once during each school year, provide all school employees, students and parents with a written or electronic copy of the school district’s policies created pursuant to the Dignity for All Students Act, or of a plain-language summary thereof, including notification of the process by which students, parents and school employees may report harassment, bullying and discrimination.
DEVELOPMENT OF GUIDELINES
The school is required to develop guidelines to be used in school training programs to discourage the development of harassment, bullying and discrimination and to make employees aware of the effects of harassment, bullying, cyberbullying and discrimination on students that are designed:
a. to raise the awareness and sensitivity of school employees to potential harassment, bullying and discrimination, and
b. to enable employees to prevent and respond to harassment, bullying and discrimination.
The school shall also develop guidelines relating to the development of measured, balanced and age-appropriate responses to instances of harassment, bullying or discrimination by students, with remedies and procedures following a progressive model that make appropriate use of intervention, discipline and education vary in method according to the nature of the behavior, the developmental age of the student and the student’s history of problem behaviors, and are consistent with the district’s code of conduct. In addition, training shall be required to address 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 or sex, the identification and mitigation of harassment, bullying and discrimination, and strategies for effectively addressing problems of exclusion, bias and aggression in educational settings (Education Law §13(2)-(3)).