April 10, 2012 Dignity for All Students Act

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KEEPING YOU INFORMED…

Pursuant to the requirements of the Dignity for All Students Act (“DASA” or the “Act”) which takes effect on July 1, 2012, the Board of Regents recently approved an amendment to section 100.20) of the Commissioner’s Regulations related to existing Codes of Conduct in public schools.

In accordance with the new amendment, key principles to be incorporated in Codes of Conduct in public schools include:

  • Provisions prohibiting discrimination and harassment against any student by employees or students, on school property or at a school function, that creates a hostile environment by conduct which, with or without physical contact, and/or by verbal threats, intimidation or abuse, is of so severe a nature that it: (l) has or would have the effect of unreasonably and substantially 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.
  • Prohibited conduct includes, but is 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 or sex.
  • Provisions for responding to these acts of discrimination or harassment against students by employees or students on school property or at a school function.
  • A bill of rights for and responsibilities of students which focuses upon positive student behavior and a safe and supportive school climate, written in plain-language, and publicized and explained in an age-appropriate manner to all students on an annual basis.
  • Posting the complete code of conduct, including any annual updates, on the web site, if any, of the school, school district, or the BOCES.
  • Guidelines and programs for in-service education programs for all district staff members to ensure effective implementation of school policy on school conduct and discipline including, but not limited to, guidelines on promoting a safe and supportive school climate while discouraging, among other things, discrimination or harassment against students by students and/or school employees, and including safe and supportive school climate concepts in the curriculum and classroom.
  • Providing copies of a summary of the code of conduct to all students, in an age-appropriate version, written in plain language, at a school assembly held at the beginning of each school year.
  • Providing a plain-language summary of the code of conduct to all persons in parental relation to students before the beginning of each school year and making it available thereafter upon request.
  • Providing each existing teacher with a copy of the complete code of conduct and a copy of any amendments to the code as soon as practicable following initial adoption or amendment of the code, and providing new teachers with a complete copy of the current code upon their employment.
  • Making complete copies available for review by students, persons in parental relation to students, other school staff and community members.

School district(1) and BOCES codes of conduct should be reviewed to ensure that they are in full compliance with this amendment to the Commissioner’s Regulations on or before July l, 2012.

Please contact us if you have any questions about this change in the law or anything else relevant to this Memorandum.

THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL TINDERSTANDING OF TI{E CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QT]ESTIONS SHOULD SEEK TITE ADVICE OF COTJNSEL.

@ Lamb & Barnosky,LLP, 2012

1 While the Act contains broad references to “school districts” and public schools,” the State Education Department has advised us that it will interpret the Act as also applying to all BOCES.