The Dignity for All Students Act
Preventing and Addressing Bias-Based Harassment in Schools
Addressing Bullying is a Balancing Act
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To teach students that certain speech is inappropriate for
school while teaching them respect for the First
Amendment.
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To respect the legitimacy of students’ privacy, opinions,
and ideas while creating a safe school environment for
everyone.
To establish high, but realistic, expectations for young
people.
The Dignity for All Students Act
(N.Y. Educ. Law §§10-18, 801-a)
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Requires districts and schools to prevent, monitor, and
address bullying through:
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Staff training
Designation of an anti-bullying coordinator
Sensitivity and tolerance curricula for students
Enhanced transparency
Code of conduct language explaining policies and
consequences
Starting with the 2012-2013 school year.
THE GOOD NEWS
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The State Education Department is working with
advocates to create a statewide anti-bullying task force
that will create model policies, trainings, and curricula for
districts before the 2012 deadline.
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20-member task force
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Advocacy groups
NYSUT
Administrators
Parents & Students
Working Groups
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Four Working Groups:
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State policy
Local policy
Curriculum
Professional development
Parents and educators are encouraged to get involved
with the working groups.
“Harassment” is:
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“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”
N.Y. Educ. §11(7) (2010)
The Dignity Act Covers:
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Bullying & harassment by students AND adults
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“School property” and “school functions”
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Bullying & harassment for any reason
Bias-Based Harassment
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Schools have a longstanding obligation to protect
students from harassment on the basis of race, color,
national origin, gender, disability, and religion
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Title VI, Title IX, Title II, and Section 504
Dear Colleague letter from US DOE October 26, 2010
The Dignity Act expands this obligation to harassment
that is not related to a protected characteristic.
“Cyber Bullying”
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The Dignity bill prohibits bullying on school property or
at a school function.
Educators are not expected to “spy” on students’ out-ofschool communications. Educational resources should not
be used to seek out online communications that are
inappropriate.
But, educators should be willing to step in when cyber
bullying affects a students’ ability to function in school.
“Cyber Bullying”
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Students have a right to free speech, especially when that
speech occurs off-campus.
Including unpleasant, hurtful, offensive, or mean speech.
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Response shouldn’t be exclusion or censorship. Cyber bullying,
like all bullying, should be used as a learning experience.
Usually doesn’t exist in a vacuum.
Is not necessarily “worse” than other bullying.
What Can Districts Do Now?
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Designate a staff anti-bullying coordinator
Create and publicize a confidential complaint mechanism
Create a procedure for responding to bullying incidents
Offer training, counseling, and other positive alternatives
to suspension
Seek out anti-bullying resources:
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USDOE: www.bullyinginfo.org
GLSEN: http://www.glsen.org
HHS: http://www.stopbullyingnow.hrsa.gov/kids
Johanna Miller
Public Policy Counsel
jmiller@nyclu.org
Thank You!