The Dignity for All Students Act: Creating Safe and Supportive Learning Environments

The Dignity for All Students Act (DASA) in New York State is a landmark piece of legislation focused on ensuring that all students have access to a safe and supportive educational environment, free from discrimination, intimidation, taunting, harassment, and bullying. This article delves into the key aspects of DASA, its implementation, and its impact on schools across New York State.

Origins and Implementation

The Dignity for All Students Act was signed into law on September 13, 2010, by former Governor David Paterson. However, its full implementation in school districts statewide didn't occur until July 1, 2012. The journey of DASA began even earlier, with Senator Thomas Duane first introducing the legislation to the New York State Senate in 1999. This demonstrates the long-term commitment to addressing issues of harassment and discrimination in schools.

Core Principles and Objectives

At its core, DASA seeks to provide students in New York with a learning environment that is both safe and supportive. The Act unequivocally condemns and strictly prohibits all forms of discrimination, harassment, and bullying, including cyberbullying. These prohibitions extend to school grounds, school buses, and all school-sponsored activities, functions, programs, and events.

The law explicitly mandates the reporting of all incidents of harassment, bullying, and/or discrimination based on, but not limited to, a person’s race, color, weight, nationality, ethnicity, religion, disability, sexual orientation, gender (which includes gender identity and/or expression), or sex. ALL students are protected by the The Dignity for All Students Act.

Key Components of DASA

Several key components contribute to DASA's comprehensive approach to fostering a positive school climate:

Dignity Act Coordinator

DASA mandates that at least one employee in every school be designated as a Dignity Act Coordinator. These coordinators receive thorough training in methods to respond to human relations issues related to race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender, or sex.

Training and Awareness

Training for staff is a crucial element of DASA. This training aims to raise awareness and sensitivity to potential discrimination or harassment and equips staff with the knowledge and skills to prevent and respond to such incidents effectively. Staff who know-or reasonably should know-of possible harassment must take immediate and appropriate action to investigate or otherwise determine what occurred.

Code of Conduct

All students must be informed annually of the behavioral expectations outlined in the school's code of conduct. This ensures that students are aware of what constitutes acceptable and unacceptable behavior and the consequences of violating the code.

Reporting Mechanisms

To ensure accountability, DASA requires schools to establish clear reporting mechanisms. A DASA Complaint Form must be available for any parent, student, bystander, or victim who would like to file a complaint. The form can be submitted to any school employee, ensuring accessibility and encouraging the reporting of incidents.

Investigation and Documentation

DASA mandates that each individual account of bullying must be documented by the school district. Furthermore, an annual report titled "Reports of Incidents Concerning School Safety and the Educational Climate" must be submitted. This report has two parts, one focusing on violent altercations and the other documenting individuals who violate the Dignity Act.

Defining Harassment and Bullying

DASA provides specific definitions of harassment and bullying to ensure clarity and consistency in addressing these issues.

Harassment

The Dignity Act (Education Law §11[7]) defines "harassment" as the creation of a hostile environment that unreasonably and substantially interferes with a student's educational performance, opportunities, or benefits, or mental, emotional, or physical well-being. This can manifest through 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. A hostile environment may occur with or without physical contact and/or by verbal threats, intimidation or abuse.

Bullying

The Dignity Act emphasizes that bullying involves the intent to cause another individual pain and/or misery. This highlights the importance of addressing the underlying motivations behind bullying behavior.

Under DASA faculty must take collective actions enforcing the "School Climate Improvement Process." This process requires preparation, evaluation, action, implementation and re-evaluation. Teachers work together to acknowledge what is wrong with their school's climate, prioritize these concerns, enforce new policies and reevaluate this process as often as possible.

Addressing Cyberbullying

Recognizing the growing prevalence of online harassment, New York State amended the Dignity for All Students Act to specifically include cyberbullying. This amendment provides "guidance and educational materials… regarding the best practices in addressing cyber bullying and helping families and communities work cooperatively with schools in addressing cyber-bullying, whether on or off school property or at or away from a school function." This underscores the importance of schools, families, and communities working together to address cyberbullying effectively. Under this new law, schools will play an important role - working with families, communities and law enforcement to protect a student's right to focus and learn in a stress free environment.

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The Reporting Protocol

DASA outlines a specific protocol to be followed when a student is subjected to any form of harassment. An oral report must be submitted to the principal of the school and the superintendent of the district within one day of the incident. A written report is required to be submitted two days after the incident, and a conclusion must be reached by the end of a 2-week period after the alleged incident. Complaints and issues regarding the alleged offender and targeted student should be investigated and tracked while an ongoing investigation occurs. The results of the investigation must be documented and presented to both parties.

Balancing Student Safety and Parental Notification

While DASA emphasizes the importance of addressing incidents of harassment and bullying, it is "silent regarding obligations to report incidents to parents." Based on each investigation singularly, a student's circumstances must be taken into account along with their safety. There are some instances where it is in the student's best interest, and safety for school districts to avoid disclosing information to their guardian. The school district may seek counsel from the school attorney to determine the best course of action.

The Role of Educators

According to NYSED, it is the teacher's responsibility to create a rich learning environment that is engaging and safe. This entails forming relationships with their students, making sure they are emotionally and physically looked after and that their environment is structuralized.

NYSED explains that intention of the Dignity Act is not to enforce excess punishment throughout public schools, nor is punishment productive in stopping harassment and bullying. "Rather it is recommended that strategies such as prevention, intervention, and graduated/progressive discipline be considered in addressing and correcting inappropriate behavior, while re-enforcing pro-social values among student." By working with students on the issues of bullying and harassment, student to student engagement occurs and this results in progression.

DASA positions "Student engagement is absolutely essential in creating a positive school culture and climate that effectively fosters student academic achievement and social/emotional growth. The quality of student life and the level of student engagement may be the best single indicator of potential or current school safety and security concerns as they pertain to student behavior." DASA aims to increase social connections between students in order to maintain a safe learning environment for all. This results in students bullying less, the ability to identify individual students who are being bullied, and an instilled responsibility to inform the necessary authorities when a peer is being teased.

Impact and Ongoing Efforts

Since its implementation, DASA has had a significant impact on school culture and climate in New York State. By mandating comprehensive policies, training, and reporting mechanisms, the Act has raised awareness of harassment and discrimination and empowered students and staff to take action.

Monroe One BOCES strives to create a school environment that is free from harassment, bullying and discrimination. The BOCES condemns and strictly prohibits all forms of discrimination, harassment, and bullying (including cyberbullying) on school grounds, school buses and at all school-sponsored activities, functions, programs and events. Although it can be difficult to step forward, BOCES cannot effectively address bullying if incidents are not reported. If you believe you, or someone else, has been the victim of harassment or discrimination in the BOCES school environment, please report the allegations.

The original legislation amended State Education Law by creating a new Article 2 - Dignity for All Students. The Dignity Act also amended Section 801-a of New York State Education Law 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 in the relations of people, including but not limited to, different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, gender identity, and sexes.

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