Dignity Act Coordinators Training - Harpursville...S OUTHERN T IER A DVISORY G ROUP Comprehensive...
Transcript of Dignity Act Coordinators Training - Harpursville...S OUTHERN T IER A DVISORY G ROUP Comprehensive...
SOUTHERN TIER ADVISORY GROUP Comprehensive Educational Advisors
Dignity Act Coordinators
Training
Southern Tier Advisory Group
SOUTHERN TIER ADVISORY GROUP Comprehensive Educational Advisors
Dignity for All Students Act of 2010
Intent
• Amends Education Law to put in place
procedures for the creation of school
environments free of discrimination
and harassment.
• Effective July 1, 2012.
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Dignity for All Students Act of 2010
Definition
• Harassment: 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 wellbeing. It also includes conduct,
verbal threats, intimidation or abuse that
reasonably cause or would reasonably be expected to
cause a student to fear for his or her physical
safety.
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Dignity for All Students Act of 2010
Prohibitions
On school property and at school functions, the law prohibits:
• Student Harassment extends to cyberbullying: verbal or
written threats through an internet service such as e-mail,
chat room, discussion group, instant messaging, or social
networking sites on or off school property.
• Student Discrimination by school employees or students
based on a person’s actual or perceived race, color,
weight, national origin, ethnic group, religion, religious
practice, disability, sexual orientation, gender, or sex.
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Reporting
Discrimination or Harassment
• Any person having reasonable cause to suspect that a student has been subjected to discrimination or harassment, who acts reasonably and in good faith in reporting such information or initiates informal or formal proceedings, has immunity from any civil liability that may arise. No school district or employee may take, request or cause retaliatory action against a person who, acting reasonably and in good faith makes a report or initiates informal or formal proceedings.
Dignity for All Students Act of 2010
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Physical Areas
Covered
Applies to behavior on/in/during:
• School property (including athletic fields, playgrounds
and parking lots)
• School buildings
• School bus/vehicle
• School-sponsored events or activities
Dignity for All Students Act of 2010
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Regulatory Amendments
• Instruction In Civility, Citizenship and Character Education (8 NYCRR100.2 (c))
– Related to courses of instruction on “tolerance”, “respect for others” and
“dignity” and shall include awareness & sensitivity to discrimination or
harassment and civility
• Code of Conduct (8 NYCRR 100.2(I))
– Proposed additions of DASA language, distribution and posting; requirement
of age appropriate plain language version, addition of bill of rights and
responsibilities of students.
• Dignity Act Professional Development (8NYCRR 100.2 (jj))
– Raise awareness through employee training
Regulatory Changes
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OCR Dear Colleague Letter
• Under this new guidance, schools must do the
following:
1. Recognize when harassment or bullying is based on a
student’s disability and consult with the district’s
504/ADA coordinator.
2. Adopt a “comprehensive approach to eliminating the
hostile environment” for the victim by disciplining the
bully, training school staff on recognizing and
responding to bullying, and monitoring the situation so
that the bullying does not recur.
SOUTHERN TIER ADVISORY GROUP Comprehensive Educational Advisors
Title IX of the Educational Amendments of 1972
Prohibits discrimination on the basis of sex, including
sexual harassment and stereotyping.
Section 504 of the Rehabilitation Act of 1973 & Title
II of the Americans with Disabilities Act of 1990
Prohibits discrimination on the basis of disability
Title VI of the Civil Rights Act of 1964
Prohibits discrimination on the basis of race, color or
national origin.
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Defining Disability “Harassment”
“Disability harassment
. . . is intimidation or abusive behavior toward a
student based on disability that creates a hostile
environment . . .”
Excerpt from “Dear Colleague” letter from U.S. Department of Education (2000)
SOUTHERN TIER ADVISORY GROUP Comprehensive Educational Advisors
SOUTHERN TIER ADVISORY GROUP Comprehensive Educational Advisors
• Section 504 of the Rehabilitation Act provides
protection from discrimination and harassment of
special education students. • Federal law prohibiting discrimination and harassment
• If alleged under Section 504, the federal Office for Civil Rights
(OCR) will conduct an investigation.
• The U.S. Department of Education issued a letter on
July 25, 2000 to school personnel regarding disability
harassment.
• Applicable Federal Laws Section 504
Americans with Disabilities Act
Individual with Disabilities Education Act
Defining Disability “Harassment”
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Disability Harassment
• Should be treated in the same context as sexual harassment
• Examples Disability Harassment : Students teasing a student with dyslexia,
calling him dumb and retarded
Students placing objects and barriers in the path of classmates with physical impairments
Students with disabilities denied access to lunch, field trips, etc. because of absences related to disability
“Dear Colleague” letter from U.S. Department of Education (2000)
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Common Views about Bullying
• “Boys will be boys”
• “Girls don’t bully”
• “Words will never hurt you”
• “It is a natural part of childhood”
• “Some people deserve to be
bullied”
• “Bullying will make kids tougher”
• “It was only teasing”
Adapted “The Bully-Free Classroom” Beane, Allan L (1999)
SOUTHERN TIER ADVISORY GROUP Comprehensive Educational Advisors
SOUTHERN TIER ADVISORY GROUP Comprehensive Educational Advisors
“Bullying is when someone repeatedly and on purpose says or does mean or hurtful things to another person who has a hard
time defending himself or herself.”
What Is Bullying?
“Bullying among children is commonly defined as intentional, repeated,
hurtful acts, words or other behavior, such as name-calling,
threatening and/or shunning committed by one or more children
against another.” U.S. Department of Education Bullying Prevention Manual
“A conscious, willful, deliberate activity intended to harm, to induce fear
through the threat of further aggression, and to create terror in the
target.” Barbara Coloroso
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SOUTHERN TIER ADVISORY GROUP Comprehensive Educational Advisors
SOUTHERN TIER ADVISORY GROUP Comprehensive Educational Advisors
Three Key Components of
Bullying Behavior
1. Involves an aggressive behavior
2. Typically involves a pattern of behavior
repeated over time
3. Involves an imbalance of power or
strength
• A single incident, if sufficiently severe, may create a hostile
environment.
-US Department of Education
SOUTHERN TIER ADVISORY GROUP Comprehensive Educational Advisors
SOUTHERN TIER ADVISORY GROUP Comprehensive Educational Advisors
Bullying: Direct vs. Indirect
INDIRECT
• Getting another person to bully
someone
• Spreading rumors
• Causing another person to be
socially isolated
• Cyber bullying
DIRECT
• Hitting, kicking, shoving, spitting
• Taunting, name-calling, using
degrading comments
• Threatening or obscene gestures
Always Investigate AND Communicate
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Bullying and Gender… • Boys are more likely than girls to bully others.
• Girls report being bullied by both boys and girls, but boys report
that they are most often bullied only by other boys.
• Verbal bullying is the most frequent form
of bullying experienced by both boys and
girls. Boys are more likely to be physically
bullied by their peers; girls are more
likely to report being targets of rumor-
spreading and sexual comments. Girls are
more likely to bully each other using
social exclusion.
Source: stopbullying.gov
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Characteristics of Bullied
Students
“Passive” • Cautious, sensitive, quiet & withdrawn
• Anxious, insecure, have low self-esteem
• Physically weaker than peers (boys); Physically mature earlier (girls)
• Few friends; find it easier to associate with adults
“Provocative” • Share characteristics with bullied children
• Share characteristics with students who are bullied
• Less effective in bullying than other children who bully
• Behave in ways that cause irritation and attract negative attention
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Students at Higher Risk of
Being Bullied
• Students with disabilities, special needs
(Disability Harassment)
• Obese students
(Protected Class)
• Students who are gay, bisexual, transgender, or who are
questioning their identities students
(Protected Class)
• Students PERCEIVED to be gay or bisexual (NOTE: DASA Language)
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SOUTHERN TIER ADVISORY GROUP Comprehensive Educational Advisors
Children Who Bully
• “Bullies can come in all shapes, sizes,
races, and gender.”
• The most common characteristic of
children who bully — they seek to
demonstrate power.
Adapted from www.bullybeware.com
SOUTHERN TIER ADVISORY GROUP Comprehensive Educational Advisors
Characteristics of Students
who Bully
• Have positive attitudes toward violence
• Have average to high self-esteem
• Are impulsive and have quick tempers
• Display little empathy for targets of bullying
• Are involved in other antisocial or rule-breaking
activities
• Physically stronger than peers
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What Motivates Children
Who Bully?
• Like to dominate others in a negative way
• Gain satisfaction from inflicting injury and
suffering
• Receive “rewards” by bullying others (prestige,
attention, possessions)
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• Social Contagion
• Weakening inhibitions against aggression
• Decreased sense of individual responsibility
• Gradual changes in the view of the bullied student(s)
Group Mechanism
in Bullying
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SOUTHERN TIER ADVISORY GROUP Comprehensive Educational Advisors
Effects of Bullying on
School Climate
•Bullying creates a climate of fear and disrespect.
•Bullying interferes with student learning.
•Students may feel insecure and not like school as
well.
•Students may perceive a lack of control or caring.
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• DASA specifically prohibits adults harassing/bullying
students
• Language included in Code of Conduct which will
result in increased student and parent awareness
Turn and Talk: Share an experience of an adult who bullied
How will you handle these reports?
Adults Who Bully
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SOUTHERN TIER ADVISORY GROUP Comprehensive Educational Advisors
Distinguishing Among… • Bullying
• Rough-and-Tumble Play
• Real Fighting
Proper Identification
Thorough investigations and properly labeling
the incidents is important for NYS required
reporting reasons.
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• Lack of supervision during breaks
• Students have indifferent or accepting attitudes
• Staff have indifferent or accepting attitudes toward bullying
School Factors that
Contribute to Bullying
Cafeteria
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Requirement Upon Verification of
Harassment, Bullying or Discrimination
Take prompt actions reasonably calculated to
end such conduct, create a more positive school
climate and culture, prevent recurrence of the
behavior, and insure the safety of the
student(s) subjected to such conduct.
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School’s Obligation Regarding
Harassment Based on Protected Classes
• Immediate and appropriate action to investigate and determine what happened.
• Inquiry must be prompt, thorough, and impartial.
• Interview targeted students, offending students, and witnesses, and maintain written documentation of investigation.
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School’s Obligation Regarding
Harassment Based on Protected Classes
• Communicate with targeted students regarding steps taken to end harassment.
• Check in with targeted students to ensure harassment has ceased.
• When investigation reveals that harassment has occurred, a school should take steps reasonably calculated to: End the harassment
Prevent harassment from recurring, and
Prevent retaliation against the targeted student(s) or complainant(s)
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What Schools MUST Do To Resolve a
Harassment Complaint
• Schools must be an active participant in responding to harassment and should take reasonable steps when crafting remedies.
• Develop, revise, and publicize: Policy prohibiting harassment and discrimination.
Grievance procedure for students to file harassment complaints.
Contact information for Title IX/Section 504/Title VI/Dignity Act Coordinators.
• Implement training for staff and administration on identifying and addressing harassment.
SOUTHERN TIER ADVISORY GROUP Comprehensive Educational Advisors
What Schools MUST Do To Resolve a
Harassment Complaint
• Provide monitors or additional adult supervision in areas where harassment occurs.
• Determine consequences and services for harassers.
• Limit interactions between harassers.
• Provide harassed student an additional opportunity to obtain a benefit or service that was denied (i.e., retaking a test/class).