Lesson 1

Introduction to the Dignity Act

Participants will be provided with an overview of the legislative background of the Dignity Act, increase their understanding as to the purpose of the Dignity Act, and learn who is protected under the Dignity Act.

Participants will understand the importance of the terminology and how it can assist with intervention strategies.

Participants will be provided with an overview of the highlights of the law.

New York State’s Dignity for All Students Act (The Dignity Act) seeks to provide the State’s public elementary and secondary school students with a safe and supportive environment free from discrimination, intimidation, taunting, harassment, and bullying on school property, a school bus and/or at a school function.

Additionally, under the Dignity Act, schools will be responsible for collecting and reporting data regarding material incidents of discrimination and
harassment.

The Dignity Act was signed into law on September 13, 2010 and took effect on July 1, 2012. Amendments to the act are effective as of July 1, 2013.

Signed into law by Governor Paterson 9-13-2010
Chapter 482 – Laws of 2010

New Article 2 – Education Law
Effective date 7-1-2012

Dignity Act Task Force
Dignity Act Work Groups
Commissioner’s Regulations effective 7-1-2012

Dignity Act-Related Regulatory Amendments

100.2(c) Instruction in Civility, Citizenship, and Character Education
100.2(l); 119.6 Code of Conduct

100.2(jj) Dignity Act Coordinator & Training

100.2(kk) Dignity Act Reporting
80 – 52.21(s) Teacher Certification

A key principle in the Dignity Act relates to material incidents of harassment and discrimination. Material incidents of harassment and discrimination include:

a single incident or a series of related incidents

where a student is subjected to harassment and/or discrimination

by a student or school employee

on school property or at a school function, including a school bus

Material incidents of harassment and discrimination 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 (including gender identity or expression), or
Sex by school employees or students on school property or at a school function.

NOTE: It is important to keep in mind that the intent of the law is to protect all students. For example, while height is not specifically addressed by the law, a student harassed for being short or tall would also be protected.

Students perceived to be “different” are often targets, including refugees and recent immigrants who may speak, dress, or behave in ways unfamiliar to many students.
Children and Youth with Disabilities are frequently targeted as well.*
- Students with a wide range of physical, developmental, intellectual, emotional and sensory disabilities are more likely to be bullied than children without disabilities.
- Children with learning disabilities are more likely to be teased and physically bullied than their non-disabled peers.
- Children with attention deficit hyperactivity disorder (ADHD) are more likely than other children to be bullied than children without ADHD.
- Children with visible disabilities (such as cerebral palsy, muscular dystrophy, and spina bifida) are more likely to be subject to name calling and physical bullying than their non-disabled counterparts.

The Dignity Act applies to:

all public schools, BOCES, and charter schools.

incidents on school property (in a school building, athletic playing field, playground, parking lot, school bus)

public school sponsored functions (school-sponsored extra curricular events or activities)

The law protects individuals from situations 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:

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

reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety.

Defining A Material Incident of Discrimination and/or Harassment

It is critical that schools keep in mind that only MATERIAL INCIDENTS of discrimination and/or harassment are to be reported on the annual submission to the State Education Department.

Material incidents are defined as:
- A single incident OR a series of related incidents where a student is subjected to discrimination and/or harassment by a student AND/OR 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 severe or pervasive nature that:
  1. 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
  2. reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety.

The Dignity Act: Staff Training Goal

Raise awareness & sensitivity of ALL employees to potential discrimination and harassment
Enable employees to prevent and respond to discrimination and harassment

Statutes Enforced by the U.S. Department of Education Office for Civil Rights

Federal anti-discrimination laws include:
- 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.
- Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act (ADA) of 1990, which prohibit discrimination on the basis of a disability.

As part of the Dignity Act implementation process, this would be an opportune time to review and revise current district policies and procedures to ensure compliance with statutes and regulations enforced by the U.S. Department of Education Office of Civil Rights which address peer harassment based on race, color, national origin, sex, or disability.

*See “Bullying Among Children and Youth with Disabilities and Special Needs;” HRSA, 2011 @ www.stopbullyingnow.hrsa.gov

“BULLYING AND STUDENTS WITH DISABILITIES, A Briefing Paper from the National Council on Disability” Jonathan Young, Ph.D., J.D.; Ari Ne’eman; Sara Gelser @ www.stopbullying.gov/references/white_house_conference/white_house_conference_materials.pdf#bullying_and_disabilities