NYSED Dignity for All Students Act PDF

Dignity for All Students Act Requirements for Schools (Tool for training school employees) New York State Education Department New York State Center for School Safety  The DASA Process What is DASA…………………………………………….4 - 5 District and School Requirements…………….6 – 10 Component...

Dignity for All Students Act Requirements for Schools (Tool for training school employees) New York State Education Department New York State Center for School Safety  The DASA Process What is DASA…………………………………………….4 - 5 District and School Requirements…………….6 – 10 Components of DASA Requirements………….11 Definitions of Key Terms………………………….12 - 14 Reporting To The School………………………….15 - 16 The School Investigates……………………………..17 New York State Education Department New York State Center for School Safety 2  The DASA Process (cont’d) Material Incident Determination…..……….18 – 19 School Takes Action………………………………..20 – 21 School Reports to District……………………….22 – 23 District Reports to NYSED and Keeps Records..24 District Plans for Positive Change…………………..25 Resources and Contact Information……….26 – 28 New York State Education Department New York State Center for School Safety 3  What is DASA? The Dignity for All Students Act (The Dignity Act) was established to protect all students from harassment, bullying and discrimination. It became effective on July 1, 2012 and was amended to include cyberbullying effective July 1, 2013. New York State Education Department New York State Center for School Safety 4  Dignity for All Students Act (DASA) Information Prohibits bullying, harassment, discrimination, or cyberbullying against students in school based on the following: Race Disability Color Sexual orientation, Weight Gender (including gender National origin identity and expression) Ethnic group Sex Religion Other (describe) Religious practice New York State Education Department New York State Center for School Safety 5  District and School Response to DASA New York State Education Department New York State Center for School Safety 6  Requirements of Schools Provide students, staff, and persons in parental relation with information about DASA, including the identity of the DASA Coordinator; Information is provided in languages other than English when necessary; and Policies, procedures, and guidelines that require a school environment free from harassment, bullying, discrimination, and cyberbullying. New York State Education Department New York State Center for School Safety 7  School District Policies These policies must serve the following functions: Identify administrative designee to receive reports; Enable students and persons in parental relation to make a report; Require school personnel to notify an administrator of report within one day and file a written report no later than two days after original report; Require a thorough investigation be completed promptly after report; New York State Education Department New York State Center for School Safety 8  School District Policies Require the school to take prompt action to end harassment, bullying, and/or discrimination; Prohibit retaliation against anyone making a report or assisting with the investigation; Develop a school strategy to prevent harassment, bullying, and discrimination; Require school leader to regularly report data trends to superintendent; Require school leaders to notify local law enforcement when behavior is believed to constitute criminal conduct; New York State Education Department New York State Center for School Safety 9  School District Policies Require that all school personnel receive a copy of the district policies, including the reporting process, at least annually; and Ensure that the district’s policies and procedures, including an incident report form, are posted on the district’s website. New York State Education Department New York State Center for School Safety 10  Dignity for All Students Act Dignity Act Components Policy Dignity Act Coordinator Instruction for students Civility, citizenship, and character education to address prohibition of harassment, bullying, or intimidation, including cyberbullying School employee training School employee reporting Annual reporting New York State Education Department New York State Center for School Safety 11  Definitions Bullying is described as an unwanted, aggressive behavior that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time. Bullying can occur before and after school hours, in a school building, on a playground, on a school bus while a student is traveling to or from school, or on the Internet. Cyberbullying occurs when harassment or bullying happens through any form of electronic communication. Students who are bullied and those who bully others may have serious and lasting problems New York State Education Department New York State Center for School Safety 12  Definitions According to the United States Department of Education (USDOE), www.stopbullying.gov/what-is- bullying/definition/index.html, bullying generally involves the following characteristics: An Imbalance of Power The Intent to Cause Harm Repetition New York State Education Department New York State Center for School Safety 13  Definitions Harassment is defined as the creation of a hostile environment by conduct or verbal threats, intimidation, or abuse that has or would have the following effect: reasonably and substantially interfering with a student’s educational performance, opportunities or benefits; or would reasonably be expected to cause a student to fear for his or her physical safety. Discrimination is the act of denying rights, benefits, justice, equitable treatment or access to facilities available to all others, to an individual or group of people because of the group, class or category to which that person belongs. New York State Education Department New York State Center for School Safety 14  DASA Reporting Requirements Reporting Required to orally report the incident(s) within one (1) school day to the principal, superintendent or his/her designee Report it in writing within two (2) school days after making an oral report. New York State Education Department New York State Center for School Safety 15  Develop School/District Form Must include: ✓ Date ✓ Name of student target ✓ Name(s) of aggressor(s) ✓ Name(s) of witnesses/bystanders ✓ Description of incident ✓ Name of reporter (can also be anonymous) The form must be accessible on the school/district website Following the completion of the incident report form, a prompt and thorough investigation begins New York State Education Department New York State Center for School Safety 16  The Investigation DASA Coordinator or Administrator typically leads the investigation : Team approach is recommended to collect information School resource officers and mental health professionals also advise and respond Interview all involved (target, aggressor, witnesses): Separately – this is not mediation or conflict resolution Use a calm, problem-solving, investigative approach to find out: What exactly was said and done [save evidence, including recordings] Motive/intent (anger, misguided joke, threat of harm to safety) Relationship and past history (one time occurrence or repeated) Impact or perceived impact on school functioning Contact persons in parental relation of all students interviewed New York State Education Department New York State Center for School Safety 17  Material Incident After investigating an incident, the Dignity Act Coordinator or school leader must make a determination as to whether the incident is “material.” A material incident under DASA is: An act or series of acts by a student and/or employee on school property, or at a school function Creates a hostile environment by conduct – with or without physical contact, and/or – verbal threats, intimidation or abuse Conduct of such a severe or pervasive nature that it has the following effect: – unreasonably and substantially interferes with a student’s educational performance, opportunities or benefits; or – mental, emotional and/or physical well-being; or – reasonably causes, or would reasonably be expected to cause, a student to fear for his or her physical safety New York State Education Department New York State Center for School Safety 18  Material Incident A single incident or series of related incidents Mental, emotional, Student is subjected to discrimination and/or harassment and/or physical by student and/or employee well-being Creates a hostile environment with or without physical contact and/or by verbal threats, intimidation, or abuse Educational performance, opportunities, or benefits Severe or pervasive enough to substantially interfere with education, well-being, or fear for physical safety New York State Education Department New York State Center for School Safety 19  Take Prompt Action Consequences are most effective when they directly address the problem and the context The most effective approach considers the following: Student’s age and developmentally-appropriate conduct Specific offense and circumstances of incident Student’s prior disciplinary record Input from persons in parental relation, teachers, mental health professionals, as appropriate Disability status (determine whether behavior is directly related to disability) New York State Education Department New York State Center for School Safety 20  Plan for Change Plan for change - Restorative practices; positive intervention supports Provide support to students and persons in parental relation involved - Counseling, conflict resolution, mediation Take actions to improve school climate - Behavioral intervention contract; teach dignity and respect Develop/refine school policy - Review and revise regularly New York State Education Department New York State Center for School Safety 21  Dignity Act Reporting Basics The method through which schools compile and maintain Dignity Act-related data The annual Dignity Act throughout the school reporting is performed using year is a local decision. a standardized on-line format provided by NYSED. New York State Education Department New York State Center for School Safety 22  School to District Reporting Policies and procedures include: ✓ Dignity Act Coordinator reviews incident report forms regularly – at least once per semester; and ✓ Dignity Act Coordinator provides summary data for the semester to the school leader, including the following:  Number of incidents reported that semester;  Number of cyberbullying incidents reported that semester;  Number of reported incidents found to be material; and  Type of bias involved in the incidents, if any ✓ School leader reviews and collates summary data from the Dignity Act Coordinator - includes in the principal’s annual report to the Superintendent ✓ District document retention includes report forms and investigative materials New York State Education Department New York State Center for School Safety 23  District to NYSED Reporting The Superintendent reviews each school principal’s annual report and summary The Superintendent provides a certified accurate count of all material incidents for the school year – July 1st – June 30th to NYSED All DASA Incident Reports are filed or maintained electronically in a central location for the period of time required by the NYS Records Retention rules DASA Incident Reports are not filed as a part of a student’s school record New York State Education Department New York State Center for School Safety 24 Prevention… Starts Long Before an Incident Occurs Comprehensive, systematic efforts Positive Behavioral Intervention and Supports (PBIS) Social-emotional development and learning Progressive consequences [vs. zero tolerance] Promote Positive Climate Collaborative efforts Staff training and clear expectation Involve persons in parental relation Student involvement Partnership with law enforcement and community agencies New York State Education Department New York State Center for School Safety 25  NYSED Resources For Additional Information, please visit the following: Dignity Act: http://www.p12.nysed.gov/dignityact/ Guidance for Local Implementation: http://www.p12.nysed.gov/dignityact/documents/DASAGuidanceLocalImp lementation.pdf Resource for Promising Practices Guide: http://www.p12.nysed.gov/dignityact/documents/FINALDignityForAllStud entsActGuidanceMay2016.pdf New York State Education Department New York State Center for School Safety 26  Other Resources Safe and Supportive Learning: https://safesupportivelearning.ed.gov/ Stop Bullying: www.stopbullying.gov New York State Education Department New York State Center for School Safety 27  Contact Information NYSED Office of Student Support Services 518-486-6090 http://www.p12.nysed.gov/sss/ New York State Center for School Safety 844-509-7161 www.nyscfss.org New York State Education Department New York State Center for School Safety 28