Your DASA Rights

Dignity for All Students Act District Reporting Requirements

The Dignity Act makes it public law that in New York State that all students in public schools have the right to an education free of discrimination and harassment.

New York State's Dignity for All Students Act, also known as DASA, is legislation in the U.S. state of New York, established to provide a school environment free of discrimination and harassment by ordering school districts to "revise their codes of conduct and adopt policies intended to create a school environment free from harassment and discrimination."

FOR ALL STUDENTS AND PARENTS the act explains, “Students who have been subjected to harassment, bullying and/or discrimination, persons in parental relation whose children have been subjected to such behavior, or other students who observe or are told of such behavior, ARE ENCOURAGED AND EXPECTED TO MAKE VERBAL AND?OR WRITTEN REPORTS to the principal, superintendent, and/or designated school personnel in accordance with the training and guidelines provided and the relevant provisions of the district’s Code of Conduct.

FOR ALL DISTRICT STAFF, when aware of harassment, bullying and/or discrimination, ARE REQUIRED to orally report the incident(s) within one school day to the principal, superintendent or his/her designee and report it in writing within two school days after making an oral report.

FOR SCHOOL ADMINISTRATORS, this act mandates that each individual account of bullying MUST BE DOCUMENTED by the school district and an annual report to the state.

Pittsford Speaking Out Against Racism recognizes that the PCSD Board of Education has a commitment to providing a safe and productive learning environment within its schools that promotes respect, dignity and equality. PCSD DASA Web Forms are available for each building through the Dignity for All Students Act resources page in the district website to directly report cases of discrimination and harassment.

If the bullying is occurring in the school, on school grounds, or during a school event/activity off of school grounds, NYS Law requires each district to have a policy and procedures in place for the concerned person(s) to make a report of the bullying.

Concerns with DASA Underreporting in NYS Schools

Repeated audits by New York State Comptroller Thomas P. DiNapoli found that NYS Schools are underreporting and not doing enough to report incidents of bullying, harassment and discrimination as required by the state’s Dignity for All Students Act (DASA).

Report says, Schools under-reporting bullying and harassment : In an audit released March 13, 2019 by New York State Comptroller Thomas P. DiNapoli found the NYC Department of Education (DoE) was not doing enough to report incidents of bullying, harassment and discrimination as required by the state’s Dignity for All Students Act.

“It’s been six years since DASA took effect, but in some ways providing a safe, supportive learning environment is still a work in progress,” DiNapoli said. “Even before school officials report bullying and discrimination to the state, there seems to be confusion at the local level over what needs to be reported. Underreporting and late reporting of bullying puts students at risk of further harassment. The city’s Department of Education can and should do more to protect students.”

State audit show schools lacking when it comes to reporting bullying and harassment : A 2017 state audit shows schools are lacking when it comes to reporting bullying and harassment. Under the Dignity for All Students Act (DASA), 30 percent schools in Monroe County reported no bullying or harassment incidents for the last three years.

“It's really an opportunity to give leadership at a local level and state level, as well a real picture of what's happening in our schools, what's going on in our schools, and that values one of looking at the trends over a period time,” said Thomas DiNapoli, New York State Comptroller. “So the accuracy of the reporting becomes very, very key in that regard.”

As well, while districts are legally obliged to implement services and provide reporting processes and inform the public through their Code of Conduct and websites, DISTRICTS MAY NOT BE NECESSARILY OBLIGED TO TRAIN PARENTS AND STUDENTS ON THEIR RIGHTS TO FILE DASA REPORTS directly to the school and state. Underreporting of actual events by students and parents might arise when students are not aware of their DASA rights under the law such that they are not requesting to report.

Given these inconsistencies Pittsford Speaking Out Against Racism advocates that when reporting cases of bullying and/or harassment that victims also report cases to DASA at the State Level directly.

My child came home from school upset because they were teased at school today. Is this bullying?

You will need to have your child describe exactly what happened and how it affected them in order to know. The definition below can also help you decide.

A student should never feel that it is not safe for them to come to school and participate in all school activities. They should never be prevented from concentrating on their schoolwork because another student or a school staff member is teasing them, making fun of them, pushing them around, or threatening them in some way, because of their actual or perceived race, color, weight, national origin (where your family comes from), ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression), or sex, or for any other reason.

For more information on what is bullying and what is not bullying click the following link to go to the Stop Bullying.Gov Parent Page https://www.stopbullying.gov/what-you-can-do/parents/index.html

My child is being bullied at school. What should I do?

Your school district should have a procedure that you need to follow. It will tell you who to report the bullying to and how you can make a verbal and a written report. Call your child’s principal or the school district office and ask them to explain the procedure to you and send you a copy of it. Then follow the procedure. It is very important that you report the bullying to the designated school personnel.

For additional information on how to support your child go to https://www.stopbullying.gov/respond/support-kids-involved/index.html#support .

If you have been following the procedure and talking with the designated school personnel at your child’s school and not getting any help, then it is probably time to take your concerns to the next level. The levels of contact and appeal typically are:

Dignity Act Coordinator (DAC)
School Principal
District Superintendent
School Board of Education
Appeals to the NYS Commissioner of Education http://www.counsel.nysed.gov/appeals Education Law §310 provides that persons considering themselves aggrieved by an action taken at a school district meeting or by school authorities may appeal to the Commissioner of Education for a review of such action. A §310 appeal must be initiated within 30 days of the decision or action complained of, unless the delay is excused by the Commissioner for good cause shown in the petition.
New York State Attorney General’s Office, Civil Rights Bureau (212) 416-8250, civil.rights@ag.ny.gov , www.ag.ny.gov

It is very important that you don’t skip any steps and keep written documentation of any correspondence. Because the Appeal to the NYS Commissioner of Education can be a rather lengthy process, you may do steps 5 and 6 at the same time.

If you have questions about this process or forms, you can contact the NYSED Office of Student Support Services at DASA@nysed.gov or http://www.p12.nysed.gov/dignityact/.

There isn’t a DASA Complaint form on the School or District Website, how do I file a complaint?

Click on the link to the PDF document to view and/or download the Incident Reporting Form. The DASA Incident Reporting Form is submitted to the school where the incident occurred. Please see the additional FAQs for more information.

What are schools required to do to respond to harassment, bullying and discrimination?

If the bullying is occurring in the school, on school grounds, or during a school event/activity off of school grounds, NYS Law requires each district to have a policy and procedures in place for the concerned person(s) to make a report of the bullying, as follows:

Identify an administrative designee to receive reports of harassment, bullying, and discrimination (i.e., the DASA Coordinator);
Enable students, family members, and others to make an oral or written report to school personnel;
Require school employees to notify an administrator or designee (e.g., DASA Coordinator) within one school day of witnessing or receiving a report of harassment, bullying, or discrimination, and to file a written report no later than two school days after such oral report/notification;
Require administrators or a designee (e.g., DASA Coordinator) to lead a thorough investigation of all reports of harassment, bullying, and discrimination that is completed promptly after the receipt of any written report and is recorded [in Part II of the DASA Incident Reporting Form];
Upon verification of harassing, bullying, and/or discriminatory behavior, require the school to take prompt action(s) reasonably calculated to end harassment, bullying and discrimination, to eliminate any hostile environment, prevent recurrence of the behavior, and to ensure the safety of the student(s) against whom harassment, bullying or discrimination was directed;
Prohibit retaliation against any individual who reports or assists in the investigation of harassment, bullying, or discrimination;
Develop a school strategy to prevent harassment, bullying, and discrimination;
Require school leaders to make a regular report to the superintendent regarding data and trends related to harassment, bullying, and discrimination;
Require school administrators or designee(s) to promptly notify local law enforcement officials of harassment, bullying and/or discrimination when required to do so;
Require that all school employees, students, and parents receive a copy of the district’s policies, including the process for reporting harassment, bullying, and discrimination, at least annually;
Ensure that a current version of the district’s policies and procedures, including an incident report form, are maintained on the district’s website.

Please contact the school/district office and follow the procedures the district and school have in place for reporting incidents that occur on school/district grounds.

My child is being bullied at school. I have spoken with the people at the school and they haven’t done anything. What can I do?

Your school district should have a procedure for reporting incidents. If you don’t know what the procedure is, check the school/district website or call your child’s school to get the contact information of the Dignity Act Coordinator. Depending on the school/district, information related to incident reporting can be posted on their website under Dignity Act or DASA, in the Code of Conduct, or Student/Parent Handbook. Usually school personnel are concerned and trying to do whatever they can to help children who are being bullied. By law school personnel are not allowed to discuss disciplinary actions of other students or teachers. It can be very helpful for parents to clearly state up front what outcome they want. For example, you could say I want my child to be able to come to school and not have to worry about being harassed or I want the bullying to stop from this point on. You can also ask what actions the school would be willing to take to help your child feel safe. (See the answer to Question #6 for ideas of things you could ask the school to do.) You can also ask for a written summary of what has been done in response to the complaint.

For additional information on how to address bullying go to: https://www.stopbullying.gov/respond/support-kids-involved/index.html#address

Dignity Act Coordinator (DAC)
School Principal
District Superintendent
School Board of Education
Appeals to the NYS Commissioner of Education
http://www.counsel.nysed.gov/appeals Education Law §310 provides that persons considering themselves aggrieved by an action taken at a school district meeting or by school authorities may appeal to the Commissioner of Education for a review of such action. A §310 appeal must be initiated within 30 days of the decision or action complained of, unless the delay is excused by the Commissioner for good cause shown in the petition.
For more information on the Appeal process, please follow the "Contact Us" link on the New York State Education Department website: http://www.counsel.nysed.gov/appeals
New York State Attorney General’s Office, Civil Rights Bureau (212) 416-8250, civil.rights@ag.ny.gov , http://www.ag.ny.gov

If you have questions about this process or forms, you can contact the NYSED Office of Student Support Services at DASA@nysed.gov or http://www.p12.nysed.gov/dignityact/.

How can I make sure that my child will be safe at school?

There are steps that you can ask the school to take in order to help your child feel and be safe at school. Below are some examples of items that could be in an Action Plan:

Schedule change
No contact directive
Staff identified that the targeted student can go to in order to feel safe; check in/check out assigned
Other staff notification plan
Unstructured areas safety plan
Monitoring situation
Transportation supervision
Additional buillying prevention education delivered
Follow-up meeting place
Teacher notification plan

Additional State DASA Resources for Addressing Discrimination

New York State Resources on the Dignity Act and Anti Bullying Legislation:

NYS Anti-Bullying Resources: https://www.stopbullying.gov/laws/new-york/index.html
The Dignity Act: http://www.p12.nysed.gov/dignityact/
DASA Training: http://www.p12.nysed.gov/dignityact/dasatraining.html

“Injustice anywhere is a threat to justice everywhere”— Dr. Martin Luther King