A Resource and Promising Practices Guide for School Administrators & Faculty

  Return to

  Table of Contents

APPENDIX A

Dignity Act Glossary

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 foster civility in public schools.

The Dignity Act explicitly provides that no student must be subjected to discrimination and/or harassment by employees and/or students on school property or at a school function 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. 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 government agencies and international groups and/or organizations. These definitions are included here for reference purposes to further assist school districts, BOCES and charter schools in their Dignity Act implementation efforts. However, it is recommended that districts, BOCES, and charter schools consult with their attorneys regarding the implementation of the Dignity Act.

Section I – Dignity Act Statutory Definitions

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 schools; or in a school bus (Education Law §11[1] and Vehicle and Traffic Law §142).

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]).

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.

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]).

Sexual Orientation means a person’s actual or perceived heterosexuality, homosexuality, or bisexuality (Education Law §11[5]). (3)

Gender means a person’s actual or perceived sex and includes a person’s gender identity or expression (Education Law §11[6]). (4)

Harassment means the creation of a hostile environment by conduct or by verbal threats, intimidation, or abuse 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 conduct, verbal threats, intimidation, or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; such conduct, verbal threats, intimidation, or abuse includes, but is not limited to, verbal threats, intimidation, or abuse based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex (Education Law §11[7]).

Section II – Dignity Act Related Terms Definitions

Bias-Related Harassment (or violence) has been described by the New York City Commission on Human Rights as conduct that is motivated by the victim’s race, color, creed, national origin, gender (including gender identity), sexual orientation, age, marital or partnership status, family status, disability or alienage or citizenship status.

Types of bias-motivated conduct include a pattern of threatening verbal harassment or cyberbullying, the use of force, intimidation or coercion, and defacing or damaging real or personal property. www.nyc.gov/html/cchr/html/bias.html

Bullying has been described by the U.S. Department of Education as unwanted, aggressive behavior among school-aged children 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: Children 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.
• The Intent to Cause Harm: The person bullying has a goal to cause harm.
• 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.

http://www.stopbullying.gov/what-is-bullying/index.html

For more information, please see NYSED’s Guidance on Bullying and Cyberbullying: http://www.p12.nysed.gov/technology/internet_safety/documents/cyberbullying.pdf.

Cyberbullying has been described by the U.S. Department of Education as bullying that occurs through the use of electronic technology, such as cell phones, computers, and tablets. It can also involve the use of communication tools, such social media sites, text messages, chat and websites.

Examples of cyberbullying include, but are not limited to:

• Sending hurtful, rude, or mean text messages or e-mails to others.
• Spreading rumors or lies about others by text message or e-mail or posting on social networking sites.
• Creating or sharing pictures, websites, videos or social media profiles, including fake profiles that embarrass, humiliate, or make fun of others.

Cyberbullying is different from face-to-face bullying because messages, videos, pictures and/or images can, among other things, be:

• Sent 24 hours a day, 7 days a week, 365 days a year.
• Distributed quickly to a very wide audience.
• Sent anonymously.

www.stopbullying.gov/topics/cyberbullying/

For more information, please see NYSED’s Guidance on Bullying and Cyberbullying: http://www.p12.nysed.gov/technology/internet_safety/documents/cyberbullying.pdf.

Ethnic Groups - 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 a number of different connotations. http://unstats.un.org/unsd/demographic/sconcerns/popchar/popcharmethods.htm

Gender Identity and Expression has 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. Gender identity 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.
www.prideagenda.org/Issues-Explained/Transgender-Equality-and-Justice/Quick-Facts.aspx

LGBTQ is an acronym that refers to individuals who self-identify as either lesbian, gay, bisexual, transgender, or questioning.

Material Incident of Discrimination and Harassment - The Department has proposed regulations for the Board of Regents’ consideration defining what constitutes a material incident of discrimination and harassment for Dignity Act reporting purposes and to implement the reporting requirements of the Dignity Act. This proposal defines material incidents of harassment and discrimination to include:

• a single incident or a series of related incidents engaged in by a student or school employee on school property or at a school function that creates a hostile environment by conduct, with or without physical contact and/or by verbal threats, intimidation or abuse, of such a severe or pervasive nature that: (i) has or would have the effect of unreasonably interfering with a student’s educational performance, opportunities or benefits, or mental, emotional and/or physical well-being; or (ii) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety.

Material incidents of harassment and 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.

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

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.
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.

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

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. www.p12.nysed.gov/sss/sedl/SEDLguidelines.pdf

Sex - 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 by the New York State Division of Criminal Justice Services as the sending, receiving or forwarding of sexually suggestive nude or nearly nude photos through text messages or email. http://criminaljustice.state.ny.us/missing/i_safety/i_intro.htm

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

Dignity Act Basics

1. What is the Dignity for All Students Act?

The Dignity for All Students Act (Dignity Act) was signed into law by Governor David A. Paterson on September 13, 2010. This legislation amended New York State Education Law by creating a new Article 2 – Dignity for All Students. The intent of the Dignity Act is to provide all public school students with an environment free from discrimination and harassment, including bullying, taunting or intimidation, as well as to foster civility in public schools.

As a result of the Dignity Act, the Board of Regents amended 8 NYCRR 100.2(c) to include classroom instruction that supports the development of a school environment free of discrimination and harassment, including but not limited to, instruction that raises awareness and sensitivity to discrimination and harassment based on a person’s actual or perceived races, color, weight, national origin, ethnic group, religion, religious practice, disability,, sexual orientation, gender (including gender identity or expression), and sex.

The Dignity Act further amended Education Law §2801 to require school districts and boards of cooperative educational services (BOCES) to include in their codes of conduct language that complies with Article 2. Charter schools are also required to include in their disciplinary rules and procedures, pursuant to Education Law §2851(2)(h), or, if applicable, in their codes of conduct, language that complies with Article 2.

2. When does the Dignity Act take effect?

The Dignity Act takes effect on July 1, 2012.

3. How does the Dignity Act relate to the teacher annual professional performance review (APPR) process?

As part of a teacher’s annual professional performance review (APPR), all teaching standards must be assessed at least once a year. One of these teaching standards is New York State Teaching Standard #4 (Standard #4): The Learning Environment, which addresses the critical importance of creating a respectful, safe and supportive environment; creating an intellectually stimulating environment; managing the learning environment; and organizing and utilizing available resources. These tenets are also key to the effective implementation of the Dignity Act.

Performance indicators associated with Standard #4 include, but are not limited to,

• Teachers are caring and respectful in their interactions with students.
• Teachers embrace student diversity as an asset in the classroom.
• Students exhibit respectful classroom interactions.
• Teachers know and implement policies and procedures to ensure student safety.
  http://engageny.org/resource/new-york-state-teaching-standards

4. How does the Dignity Act relate to the Interstate School Leaders Licensure Consortium (ISLLC) Standards for School Leaders and effective principal practice?

The six ISLLC Standards include:

I. Setting a widely shared vision for learning;
II. Developing a school culture and instructional program conducive to student learning
and staff professional growth;
III. Ensuring effective management of the organization, operation, and resources for a
safe, efficient, and effective learning environment;
IV. Collaborating with faculty and community members, responding to diverse
community interests and needs, and mobilizing community resources;
V. Acting with integrity, fairness, and in an ethical manner; and
VI. Understanding, responding to, and influencing the political, social, legal, and cultural
contexts.

These ISLLC standards are also key to the implementation of the Dignity Act’s intent to provide all public elementary and secondary school students with a safe and supportive learning environment free from discrimination, harassment, bullying, taunting or intimidation and fostering civility in public schools.
http://engageny.org/wp-content/uploads/2012/02/ISLLC-Standards_2008.pdf

5. What kind of conduct or behavior is prohibited by the Dignity Act?

The Dignity Act prohibits harassment against students by students and/or employees on school property, as defined by Education Law §11(1), or at a school function, as defined by Education Law §11(2). For purposes of the Dignity Act, harassment means the creation of a hostile environment by conduct or by verbal threats, intimidation, or abuse 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 conduct, verbal threats, intimidation, or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; such conduct, verbal threats, intimidation, or abuse includes, but is not limited to, verbal threats, intimidation, or abuse based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (defined to include gender identity or expression) or sex.

The Dignity Act further prohibits discrimination against students by students and/or employees on school property or at a school function based on a person’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.

However, the Dignity Act does not prohibit the denial of admission into, or exclusion from, a course of instruction based on a person’s gender (including gender identity or expression) that would be permissible under Education Law §§2854(2)(a) and 3201-a and Title IX of the Education Amendments of 1972 (20 USC §1681, et. seq.), or prohibit, as discrimination based on disability, actions that would be permissible under §504 of the Rehabilitation Act of 1973.

The Dignity Act also creates a framework for promoting a more positive school climate through, among other things, training/professional development and classroom curricula.

6. Who is protected under the Dignity Act?

The Dignity Act protects all New York State public school students from discrimination and harassment by students and/or employees on school property or at a school function, not just students who are the subject of discrimination or harassment based on their actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression), or sex.

7. Does the Dignity Act apply to Summer School?

Yes. The Dignity Act applies to Summer School and prohibits the discrimination and harassment of students by students and/or employees on school property or at a school function.

8. What is the relationship between bullying and harassment?

Bullying is a form of harassment.

9. What are the differences between sex, gender, gender identity and expression, and sexual orientation?

Although sex is not specifically defined in the Dignity Act, the World Health Organization has stated that sex refers to the biological and physiological characteristics that define men and women. (5)

The Dignity Act defines gender as a person’s actual or perceived sex and includes a person’s gender identity or expression (Education Law §11[6]). Also, 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. (6)

Gender identity and expression are not specifically defined in the Dignity Act. However, gender identity and expression has 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. Gender identity 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. (7)

The Dignity Act defines sexual orientation as a person’s actual or perceived heterosexuality, homosexuality, or bisexuality (Education Law §11[5]). It should further 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. (8)

10. Does the Dignity Act address issues related to cyberbullying and/or conduct that occurs off school property?

The Dignity Act prohibits discrimination and harassment of students on school property, including at school functions, by any student and/or employee. However, harassment may include, among other things, the use, both on and off school property, of information technology, including, but not limited to, e-mail, instant messaging, blogs, chat rooms, pagers, cell phones, gaming systems and social media websites, to deliberately harass or threaten others. This type of harassment is generally referred to as cyberbullying.

Although the Dignity Act does not specifically address cyberbullying, it, like bullying is considered a form of harassment.

For further information, please refer to the Department’s Guidance on Bullying and Cyberbullying, at: www.p12.nysed.gov/technology/internet_safety/documents/cyberbullying.html

Districts, BOCES and charter schools, in consultation with their attorneys, can also consider non-punitive options when addressing problematic off-campus behavior. Additionally, districts, BOCES and charter schools should not fail to prevent or address in-school harassment simply because the involved students are also experiencing harassment outside of school.

11. How does the Dignity Act relate to federal Civil Rights Laws?

From a practical standpoint, in addition to the Dignity Act requirements, districts, BOCES and charter schools should consult with their attorneys to ensure that they are in compliance with federal civil rights laws and regulations enforced by the U.S. Department of Education Office for Civil Rights (OCR), including Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin; Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990, both of which prohibit discrimination on the basis of disability. Although the intent of these federal civil rights statutes and the Dignity Act are related to each other in some ways, their requirements and definitions are separate and distinct from one another. Thus, the Department recommends that districts and BOCES, as well as charter schools, consult with their attorneys in developing their policies to make sure that they align with both state and federal laws and regulatory requirements regarding discrimination and harassment.

The Department further recommends that districts, BOCES and charter schools review federal guidance on discrimination and harassment, including, but not limited to OCR’s Dear Colleague Letter regarding harassment and bullying (October 26, 2010), which can be found at: www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html

12. What types of schools must comply with the Dignity Act?

Title I, Article 2 of the Education Law (the Dignity Act) applies to districts, BOCES and charter schools. As a result of the Dignity Act, the Board of Regents amended 8 NYCRR 100.2(c) to include classroom instruction that supports the development of a school environment free of discrimination and harassment, including but not limited to, instruction that raises awareness and sensitivity to discrimination and harassment based on a person’s actual or perceived races, color, weight, national origin, ethnic group, religion, religious practice, disability,, sexual orientation, gender (including gender identity or expression), and sex.

Board of Education, Trustees or Sole Trustee Dignity Act Responsibilities

1. What are the Board of Education’s, Trustees’ or Sole Trustee’s of every school district responsibilities to ensure compliance with the Dignity Act?

Dignity Act Code of Conduct Requirements - Education Law §12(2), requires the board of education and the trustee or sole trustee of every school district to include an age-appropriate version, written in plain-language, of Education Law §12(1)’s policy prohibiting the discrimination and harassment of students by students and/or employees on school property or at a school function in the codes of conduct they adopt, as well in the codes of conduct summary that they are required to prepare, pursuant to Education Law §2801. Also, as stated above, the Dignity Act amended Education Law §2801 to require all codes of conduct to include provisions to comply with the Dignity Act requirements contained in Title I, Article 2 of the Education Law (see Education Law §2801[2][n]).

Charter schools are also required to include in their disciplinary rules and procedures, pursuant to Education Law §2851(2)(h), or, if applicable, in their codes of conduct, language that complies with Article 2.

Guidance for updating codes of conduct to comply with the Dignity Act requirements can be found at: http://www.p12.nysed.gov/dignityact/documents/DASACodeofConductFinal44-1.pdf

Dignity Act Employee Training and Dignity Act Coordinator Requirements In addition to the aforementioned code of conduct requirements, under Education Law §13, the board of education and the trustee or sole trustee of every school district must create policies and guidelines that include, but are not limited to:

a. Policies intended to create a school environment that is free from harassment and discrimination.
b. Guidelines to be used in school training programs to discourage the development of discrimination or harassment and that are designed to: (i) raise the awareness of and sensitivity of employees to potential discrimination or harassment; and (ii) enable employees to prevent and respond to discrimination.
c. Guidelines relating to the development of nondiscriminatory instructional and counseling methods.

Additionally, Commissioner’s Regulation 100.2(jj) requires that boards of education and the trustee or sole trustee of every school district approve the designation of at least one staff member at every school as a Dignity Act Coordinator (DAC), and that the DAC 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 (including gender identity or expression), and sex. It should be noted that the Dignity Act does not require or prescribe a specific format for this training. Districts, BOCES, and charter schools have flexibility in determining how best to deliver it.

2. Are there ongoing responsibilities for boards of education (BOE) after the initial implementation of the Dignity Act?

Yes, the BOE is responsible for the annual review of the code of conduct, and therefore is ultimately responsible for the implementation of the Dignity Act. In addition, as part of its responsibilities, the BOE is responsible for approving the district’s professional development plan. The Board should insure that the training requirements under the Dignity Act are either included in that plan, or addressed through some other mechanism.

School Administrator Responsibilities

1. What is the primary role of the school administrator to ensure compliance with the Dignity Act?

As the leader in the school, the administrator should perform a proactive leadership role in implementing adopted district, BOCES or charter school policies and guidelines. This should include, but not be limited to creating and maintaining a visible presence in the school, as well as actively participating in Dignity Act training and outreach programs.
The school administrator should also work as a partner with his or her school’s Dignity Act Coordinator to promote a safe and supportive school, including a positive school climate.

The School Dignity Act Coordinator

1. Are districts, BOCES and charter schools required to have a staff member, in each of their schools, trained to handle human relations in the areas specified by the Dignity Act?

Yes. The Dignity Act requires that at least one staff member at every public school 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 (including gender identity or expression) (which includes actual or perceived sex and a person’s gender (including gender identity or expression), and sex. As stated above, this staff member should be referred to as the Dignity Act Coordinator.

2. What characteristics are recommended for the individual who serves as the school Dignity Act Coordinator?

It is recommended that the employee designated as the Dignity Act Coordinator 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 discrimination and harassment.

3. Do districts, BOCES and charter schools need to hire new employees to serve as Dignity Act Coordinators in their respective schools?

No. There is no requirement that districts, BOCES or charter schools hire new employees to serve as Dignity Act Coordinators in their respective schools. Rather, it is expected that an existing staff member in every school will be designated as a Dignity Act Coordinator and receive the required training to serve in this position.

4. What are the duties of the Dignity Act Coordinator?

The Dignity Act Coordinator is the point person for the Dignity Act in their school. The work of the Dignity Act Coordinator should focus on the premise that no student be harassed or discriminated against due to their actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression), or sex.

In addition, the Dignity Act Coordinator should work to ensure that all students are provided with a safe, supportive, and positive school climate. The New York State Board of Regents adopted the voluntary Educating the Whole Child Engaging the Whole School: Guidelines and Resources for Social and Emotional Development and Learning (SEDL) in New York State in July 2011 (www.p12.nysed.gov/sss/sedl/SEDLguidelines.pdf).

The principal intent in issuing Social and Emotional Development and Learning (SEDL) Guidelines was to “offer school districts compelling information, example and evidence of SEDL in elementary and secondary school education programs. 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 the students’ social-emotional brain development and creating conditions where school environments are calmer and safer, teachers can teach more effectively, students learn better, and parents and community can feel pride in a shared enterprise.”

5. Does the Dignity Act provide any protection for people who report incidents of
discrimination or harassment?

Any person having reasonable cause to suspect that a student has been subjected to discrimination or harassment by a student and/or an employee, on school grounds or at a school function, who, acting reasonably and in good faith, either reports such information to school officials, to the Commissioner, or to law enforcement authorities or otherwise initiates, testifies, participates or assists in any formal or information proceedings, will have immunity from any civil liability that may arise from the making of such report or from initiating, testifying, participating or assisting in such formal or informal proceedings. Districts, BOCES and charter schools and their respective employees are prohibited from taking, requesting or causing a retaliatory action against any such person, who acting reasonably and in good faith, either makes such a report or initiates, testifies, participates or assists in such formal or informal proceedings (Education Law §16).

6. Does the Dignity Act apply to an employee who feels he or she has been
subjected to discrimination or harassment?

The Dignity Act does not address the discrimination or harassment of employees; it addresses the discrimination and harassment of students by students and/or employees on school property or at a school function.

Responses to Harassment, Discrimination and Bullying

1. What are some of the possible effects of bullying?

According to the StopBullying.gov web site, “bullying can affect everyone—those who are bullied, those who bully, and those who witness bullying. Bullying is linked to many negative outcomes including impacts on mental health, substance use, and suicide. It is important to talk to kids to determine whether bullying—or something else—is a concern.” www.stopbullying.gov/at-risk/effects/index.html

According to federal StopBullying.gov website, students who are bullied:

• May have higher risk of depression and anxiety, including the following symptoms, that may persist into adulthood:
  • Increased feelings of sadness and loneliness;
  • Changes in sleep and eating patterns; and
  • Loss of interest in activities they use to enjoy.
• May be at risk of suicide.
• May be more likely to have health complaints.
• May have decreased academic achievement and school participation.
• May be more likely to miss, skip, or drop out of school.
• May be more likely to retaliate through extremely violent measures. In 12 of 15 school shooting cases in the 1990s, the shooters had a history of being bullied.
  http://www.stopbullying.gov/topics/effects/index.html

2. What can I do to help a student who is being harassed and bullied?

According to the federal StopBullying.gov web site, when adults respond quickly and consistently to bullying behavior they send the message that it is not acceptable. Research shows this can stop bullying behavior over time. In addition to the steps and procedures outlined in the school, district or BOCES policy and/or code, the following are suggestions for steps adults can take to address bullying on the spot and to help keep students safe.

Do:

• Intervene immediately. It is okay to get another adult to help.
• Separate the children involved.
• Make sure everyone is safe.
• Meet any immediate medical or mental health needs.
• Stay calm. Reassure the children involved, including bystanders.
  
• Model respectful behavior when you intervene.

Avoid these common mistakes:

• Don’t ignore it. Don’t think children can work it out without adult help.
• Don’t immediately try to sort out the facts.
• Don’t force other children to say publicly what they saw.
• Don’t question the children involved in front of other children.
• Don’t talk to the children involved together, only separately.
• Don’t make the children involved apologize or patch up relations on the spot.

Get police help or medical attention as appropriate if:

• A weapon is involved.
• There are threats of serious physical injury.
• There are threats of hate-motivated violence, such as racism or homophobia.
• There is serious bodily harm.
• There is sexual abuse.
• Anyone is accused of an illegal act, such as robbery or extortion—using force to get money, property, or services.
  http://www.stopbullying.gov/respond/on-the-spot/index.html

3. What can I do to support students who witness harassment and bullying?

According to the federal StopBullying.gov web site, even children who are not bullied or do not bully others can be affected by bullying. Often times, when such children observe bullying, they do not know what to do to stop it. They may feel unsafe stepping in during a bullying situation or incident. The following link includes recommendations about steps children can take. www.stopbullying.gov/respond/support-kids-involved/index.html#bystanders

4. What can I do to help students who exhibit harassing or bullying behavior?

According to the federal StopBulling.gov web site:

Parents, school staff, and organizations all have a role to play to here. This includes making sure the child knows what the problem behavior is. Young people who bully must learn their behavior is inappropriate and harms others.

http://www.stopbullying.gov/respond/on-the-spot/index.html

Show children that bullying is taken seriously. Calmly tell the child that bullying will not be tolerated. Adults should model respectful behavior when addressing the problem. Work with the child to understand some of the reasons he or she bullied.

For example:

Sometimes children bully to fit in. These children can benefit from participating in positive activities. Involvement in sports and clubs can enable them to take leadership roles and make friends without feeling the need to bully. Other times children act out because something else—issues at home, abuse, stress—is going on in their lives. They also may have been bullied. These children may be in need of additional support, such as mental health services.

Use consequences to teach. Consequences that involve learning or building empathy can help prevent future bullying. School staff should remember to follow the guidelines in the code of conduct or disciplinary rules and procedures, in the case of charter schools that do not have codes of conduct, and other policies in developing consequences and assigning discipline. For additional information and recommendation on how help students who exhibit harassing or bullying behavior, refer to: http://www.stopbullying.gov/respond/support-kids-involved/index.html#address

Specific Dignity Act Related Incidents

1. If a student is bullied and harassed for reasons such as having an incarcerated parent, where they live, or even their physical appearance – are they protected under the Dignity Act?

Yes, as long as the student is by being subjected to bullying and harassment by other students and/or employees on school property or at a school function. The intent of the Dignity Act is to provide all public school students with an environment free from discrimination and harassment, including bullying, taunting or intimidation, as well as to foster civility in public schools, regardless of the reason for the bullying and harassing behavior.

Student Instruction

1. Is Dignity Act related instruction required for students?

Yes. The Dignity Act amended Education Law §801-a 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 to discrimination or harassment and civility in the relations of people of different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, genders (including gender identities or expressions), and sexes. Thus, curricula in civility, citizenship and character education must include aforementioned expanded concepts of tolerance, respect for others and dignity.

As a result of the Dignity Act, the Board of Regents amended 8 NYCRR 100.2(c) to include classroom instruction for all public school students that supports the development of a school environment free of discrimination and harassment, including but not limited to, instruction that raises awareness and sensitivity to discrimination and harassment based on a person’s actual or perceived races, color, weight, national origin, ethnic group, religion, religious practice, disability,, sexual orientation, gender (including gender identity or expression), and sex.

2. Does this mean students must attend a “Dignity Act” class?

No. The intent is that the basic themes of “tolerance,” “respect for others,” and “dignity” may be integrated throughout the school day, climate, and across various subject areas.

Educators may develop a variety of lessons that incorporate and support the positive nondiscriminatory principles of the Dignity Act, including fostering a safe and supportive school climate and culture. This could potentially be translated into learning activities in, class, or even an art class. Educators may want to evaluate current curricula to ensure that these themes are integrated into their classroom materials.

A voluntary internal tool is available for districts and BOCES (9) to use as they work to incorporate the Dignity Act into their lessons and the overall fabric of the school community. See: www.p12.nysed.gov/dignityact/documents/DignityActLessonPlanTemplate_1.pdf.

3. Where can I find resources for incorporating Dignity Act instruction in my classroom?

Please access resources on the Dignity Act web site at: www.p12.nysed.gov/dignityact.
There are also many resources available on the Dignity Act Facebook page at:
www.facebook.com/dignityact.

4. Who can I go to for support at my school?
Dignity Act Coordinators may serve as ideal resources in their respective schools. Also, please look for support on the Dignity Act web site at: www.p12.nysed.gov/dignityact.

5. Will the Department be providing guidance on how best to instruct students in these areas?

A voluntary tool is available on the Dignity Act web site at: www.p12.nysed.gov/dignityact.

Dignity Act Compliance

1. What is my school’s responsibility to investigate reports of harassment or bullying?

Once an allegation or report of bullying is made, the school district or BOCES has a responsibility to take appropriate action, which includes investigation and taking necessary steps to protect those involved. All districts and BOCES must adopt and enforce a 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 employees and visitors and must include the procedures to be followed in such situations (Education Law §2801[2] and 8 NYCRR §100.2[l][2][i]).

It should be noted that charter schools are also required to include in their disciplinary rules and procedures, pursuant to Education Law §2851(2)(h) and, or, if applicable, in their codes of conduct, provisions to comply with the requirements of the Dignity Act (see also, Education Law §§10-18 and 8 NYCRR §119.6). The charter school’s disciplinary rules and procedures, or, if applicable, its code of conduct must also include the procedures to be followed in such situations.

2. Whom at the school and school district should my child and/or I contact if they are the target of harassment, discrimination, or bullying?

The following outlines the suggested order in which school officials should be contacted to report such incidents. (NOTE: This may vary from district-to-district and may or may not include the school’s Dignity Act Coordinator depending on local policy.)

• School principal
• School District Superintendent
• School District Board of Education

3. What if school district officials fail to respond to a student's (or parent's) report of harassment, discrimination, or bullying? What is his or her recourse?

Individuals may file an appeal with the New York State Commissioner of Education. Education Law §310 provides that persons considering themselves aggrieved by an action taken at a school district meeting or by school authorities may appeal to the Commissioner of Education for a review of such action. Education Law §306 allows the Commissioner of Education to remove a trustee, member of a board of education and certain other school officers for willful misconduct or neglect of duty. For more information regarding this appeal process, see: www.counsel.nysed.gov/appeals.

The Dignity Act and Family Educational Rights and Privacy Act (FERPA)

1. How much information can a school share with regards to the victims and perpetrators of specific incidents of harassment, discrimination or bullying?

FERPA is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. Generally, schools must have written permission from the parent or eligible student (18 years or older) in order to release any information from a student's education record. FERPA does permit the disclosure of records, without consent, to the following parties or under the following conditions (see 20 USC §1232g, 34 CFR §§99.3 and 99.31):

• School officials with legitimate educational interest;
• Other schools to which a student is transferring;
• Specified officials for audit or evaluation purposes;
• Appropriate parties in connection with financial aid to a student;
• Organizations conducting certain studies for or on behalf of the school;
• Accrediting organizations;
• To comply with a judicial order or lawfully issued subpoena;
• Appropriate officials in cases of health and safety emergencies;
• Directory information, and
• State and local authorities, within a juvenile justice system, pursuant to specific State law.
  

For more information on FERPA, see: www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html.

Prior to notification of any parent, guardian, or student regarding any incident of discrimination and/or harassment, school authorities must consider the issue of notification as they would any other educationally relevant decision – considering the age, health, well-being, safety and privacy of any students involved in the incident.

(3) 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

(4) 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/

(5) http://www.who.int/gender/whatisgender/en

(6) See, www.who.int/gender/whatisgender/en/

(7) See, www.prideagenda.org/Issues-Explained/Transgender-Equality-and-Justice/Quick-Facts.aspx

(8) http://www.prideagenda.org/Issues-Explained/Transgender-Equality-and-Justice/Quick-Facts.aspx

(9) It should be noted that, while the provisions of Education Law §§10-18 apply to charter schools, the provisions of Education Law §801-a do not, though §100.2(c) of the Commissioner;’s regulations has been amended to require charter schools to provide instruction that supports development of a school environment free of discrimination as required by the Dignity Act.