Appendix D
DIGNITY FOR ALL STUDENTS ACT
GUIDANCE FOR UPDATING DISTRICT CODES OF CONDUCT
The Dignity for All Students Act (hereinafter referred to as the Dignity Act) is a
comprehensive bill that focuses on prevention of harassment and discriminatory
behaviors through the promotion of education measures meant to positively impact
school culture and climate. Among other provisions, the Dignity Act requires all public
school districts to update their codes of conduct to fully address all forms of harassment
and discrimination against students attending New York public schools. By building on
the 2000 Safe Schools Against Violence in Education (SAVE) Law which focuses
primarily on guiding school districts on how to track and respond to school violence, the
Dignity Act strengthens existing district policies protecting students and upholds New
York’s commitment to safe and orderly schools.
The New York State Education Department and the Dignity Act Local Policy and
Implementation Task Force have developed this guidance to help districts and schools
update their codes of conduct in accordance with the Dignity Act, Commissioner’s
Regulations Section 100.2(l) and Education Law Chapter 16, Title II, Article 55 § 2801.
Note that New York State law already requires annual review of student codes of
conduct. DASA will go into effect as of July 1, 2012, which means that districts should
update their policies prior to that date.
As a district conducts its annual review of its code of conduct, the Dignity Act
contains several relevant provisions that will help direct this process. The Dignity Act
recommends that an updated code of conduct be developed in collaboration with
students, teachers, administrators, and parent organizations, as well as with school
safety personnel and other school personnel. The new code must be approved by the
school district’s board of education, chancellor, or other applicable governing body, and
it must also be subject to a public meeting at which all interested parties can voice their
contributions. After the initial updated policy is enacted, the system of annual reviews
that has been in place since 2000 will still continue, ensuring that each district’s code of
conduct remains current and applicable to the needs of the school community.
Definitions
In order to ensure compliance with the Dignity Act, the following definitions
provided by the law should be used to update the district code of conduct:

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. (N.Y. Education Law § 11.1)

School Bus means every motor vehicle a) 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, b) privately owned and
operated-for-compensation for the transportation of pupils, children of pupils,
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teachers and other persons acting in a supervisory capacity to or from school
or school activities. (N.Y. Vehicle and Traffic Law § 142)

School Function means a school-sponsored extra-curricular event or activity.
(N.Y. Education § 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 shall 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. (N.Y. Executive Law § 292.21)

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 nineB 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. (N.Y. Education Law § 1125.3)

Sexual Orientation means actual or perceived heterosexuality, homosexuality,
or bisexuality. (N.Y. Education Law § 11.5)

Gender means actual or perceived sex, and a person’s gender identity or
expression. (N.Y. Education Law § 11.6)

Gender Identity and expression means having or being perceived as having a
gender identity, self-image, appearance, behavior or expression whether or
not that gender identity, self-image, appearance, behavior or expression is
different from that traditionally associated with the sex assigned to that person
at birth. (N.Y. AB 5039/SB 2873 (2011) “GENDA”)

Harassment under the Dignity Act 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 conduct, 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 (identity or expression) or sex. (N.Y. Education
Law § 11.7)
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From a practical standpoint, however, schools would be best served by
complying with the federal guidelines on harassment, which set forth stricter rules than
the Dignity Act. At the same time, however, schools must provide protection to all the
categories enumerated by the Dignity Act, only some of which are granted explicit
protection under federal law. Federal law defines harassment as conduct which creates
a hostile environment when the conduct is sufficiently severe, pervasive, or persistent
so as to interfere with or limit a student’s ability to participate in or benefit from the
services, activities, or opportunities offered by a school. Harassment does not have to
include intent to harm, be directed at a specific target, or involve repeated incidents.
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. (Department
of Education, Office of Civil Rights, “Dear Colleague Letter”, October 26, 2010.)
Scope
The Dignity Act prohibits discrimination and harassment of students on school
property by any student or employee. To comply with this requirement, the code of
conduct should apply to students, teachers, and other school personnel and use the
comprehensive definition of “school property” listed above.
Additionally, harassment (including harassment using interactive and
communication technologies) that takes place at locations outside of school grounds
that can be reasonably forecast to materially and substantially disrupt the educational
process or school environment can generally be prohibited and potentially be subject to
disciplinary consequences. However, a school district’s ability to regulate off-campus
student conduct is an emerging area of law that is subject to change as cases are
adjudicated. School officials should keep abreast of legal developments in this area,
communicate with the school attorney and always consider non-punitive options when
addressing problematic off-campus behavior. Where it appears that off-campus
behavior may be creating a hostile environment in the school, the district should also
consult with legal counsel for guidance about appropriate measures. Schools should not
fail to prevent or address in-school harassment simply because involved students are
also experiencing harassment outside of school.
Essential Partners
Because the Dignity Act requires students and staff alike to respect diversity and
all members of the school community, essential partners such as superintendents,
school board members, parents, students, teachers, guidance counselors,
principals/administrators, support staff, and other school personnel have a particularly
important role to play.
Within the code of conduct, the roles of each type of essential partner involved in
creating a climate of mutual respect for all students should be described, highlighting
the specific provisions of the Dignity Act. For example, a code of conduct could detail
the teacher’s role to include the following responsibilities:
1. Maintain a climate of mutual respect and dignity for all students regardless of
actual or perceived race, color, weight, national origin, ethnic group, religion,
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religious practice, disability, sexual orientation, gender (identity or
expression), or sex, which will strengthen students’ self-concept and promote
confidence to learn.
2. Confront issues of discrimination and harassment or any situation that
threatens the emotional or physical health or safety of any student, school
employee or any person who is lawfully on school property or at a school
function.
3. Address personal biases that may prevent equal treatment of all students in
the school or classroom setting.
4. Report incidents of harassment and discrimination that are witnessed or
otherwise brought to a teacher’s attention in a timely way.
Dignity Act Coordinator (DAC)
According to the Dignity Act, at least one staff member trained in respect for
differences among each of the enumerated classes must be available to each school
building and at least one administrative staff person must be responsible for
investigating incidents of harassment and discrimination. It is recommended that
districts select an administrator available to each school that has both access to
students and authority within the school building and who has been trained in
investigative techniques as the school’s Dignity Act Coordinator (DAC). In order to help
students and staff understand the role of the DAC, the Essential Partners portion of the
Code of Conduct should detail the duties for which they will be responsible. The DAC
should be responsible for coordinating and implementing the district anti-bullying policy
and regulations in each school building, including but not limited to coordination of
professional development for staff members, coordination of the complaint process, and
management of the Dignity Act’s civility curriculum components.
It is recommended that the individual filling the DAC position be selected by the
school district superintendent, in consultation with the building Principal, and approved
by the local school board of education. If for any reason the position of DAC becomes
vacant, a new DAC must be appointed within 30 days of the vacancy.
Prohibited Conduct
To comply with the Dignity Act, the list of prohibited conduct should be amended
to include behaviors that negatively impact the school environment, such as
harassment, discrimination, and bias harassment. Although they are not explicitly
defined in the Dignity Act, bullying, which is most often viewed as a type of harassment,
and cyberbullying, which is harassment which occurs through electronic methods, fall
within the scope of the Dignity Act and should be prohibited as well. A district’s code of
conduct should explicitly protect those students most vulnerable to harassment and
discrimination, as listed under the definition of “harassment.”
Disciplinary and Remedial Consequences
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The Dignity Act emphasizes the creation of a positive learning atmosphere,
intentionally prioritizing a range of age-appropriate, rehabilitative responses to
discrimination and harassment rather than promoting a “zero tolerance” approach to
discipline, which fails to effectively address the causes of harassment and is often
disproportionately used against the marginalized students that the Dignity Act is meant
to protect.
The Dignity Act encourages a more effective approach in which
consequences for a student who commits an act of discrimination or harassment are
unique to the individual incident and will vary in method and severity according to the
nature of the behavior, the developmental age of the student, and the student’s history
of problem behaviors.
The Dignity Act calls for “remedial responses” to code of conduct violations.
Remedial responses appropriately place the focus of discipline on discerning and
correcting the reasons why harassment and discrimination occur; these remedial
responses are designed to correct the problem behavior, prevent another occurrence of
the behavior, and protect the target of the act. Appropriate remedial measures may
include, but are not limited to:

restitution and restoration;

peer support groups; corrective instruction or other relevant learning or
service experience;

supportive intervention;

behavioral assessment or evaluation;

behavioral management plans, with benchmarks that are closely monitored;

student counseling; parent conferences; or student treatment through
therapy.
Beyond these individual-focused remedial responses, school-wide or
environmental remediation can be an important tool to prevent harassment and
discrimination. Environmental remediation strategies may include:

supervisory systems which empower school staff with prevention and
intervention tools to address incidents of bullying and harassment;

school and community surveys or other strategies for determining the
conditions contributing to the relevant behavior;

adoption of research-based, systemic harassment prevention programs;

modification of schedules;

adjustment in hallway traffic and other student routes of travel;

targeted use of monitors;

staff professional development;

parent conferences;
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
involvement of parent-teacher organizations;

or peer support groups.
Reporting Bullying and Harassment
The Code of Conduct offers an opportunity to reinforce the importance of
reporting incidents of bullying and harassment. The Code of Conduct, as structured by
SAVE, should include procedures for reporting code of conduct violations and imposing
penalties. It is recommended that Boards revisit this section of the Code to ensure that
there are provisions for reporting bullying and harassment complaints. This reporting
mechanism may help form the basis for collecting data that can be useful in assessing
school climate. Please see the Local Model Student Harassment and Bullying
Prevention and Intervention Policy for more detail about reporting.
Code of Conduct Publication and Training
The SAVE Act already requires that students and staff are trained with regard to
the district’s code of conduct. A district should use this training to specifically highlight
the new aspects of the code of conduct that pertain to the Dignity Act, such as the
prohibitions on harassment and discrimination and the role of staff to receive reports
about and investigate incidents. Additionally, the Dignity Act requires that schools
provide age-appropriate summaries of the code of conduct so that each age group can
understand the standards of respect and appropriate behavior that the school
community expects from them.
It is strongly recommended that a school district adopt a fair, consistent, and
developmentally appropriate code of conduct rather than separate codes of conduct for
different types of students or activities (such as athletes or interscholastic sports). The
Dignity Act is founded on the value of respect for all students at all times; thus, separate
proscriptions for certain students are unnecessary because all members of the school
community should always be held to a uniformly high standard of respect under one
standard code of conduct directed by the Dignity Act.
Please be aware that the Dignity Act does not alter existing anti-discrimination
obligations under federal law (Titles II, VI, IX, Section 504, etc.), including the
requirement of adopting and publishing a nondiscrimination policy.
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