CFN 204 Principal and AP Meeting 2012-2013 UPDATES October 2012 David Abbott Director of Student Services CFN 204 · Diane Foley · Network Leader

CFN 204Principal and AP Meeting

2012-2013UPDATES

October 2012

David Abbott Director of Student Services

CFN 204 · Diane Foley · Network Leader


2012-2013 Changes

Discipline Code

OORS

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CFN 204 · Diane Foley · Network Leader 3
















Updates to OORS

2012-2013

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OORS 2012-13 RFA Implications

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Does this incident involve student-on-student behavior which may make this a bias related incident of

harassment, intimidation and/or bullying?

NOIf following your investigation

you have determined that the incident involved student-to-student bias-based harassment, intimidation and/or bullying, you must update the incident to reflect these findings and follow the procedures outlined in Chancellor’s Regulation A-832.

YESChancellor’s Regulation A-832

requires that you investigate this incident and issue a written report of the results of your investigation within 10 school days.

Upon completion of your investigation, you must update this report.

Click here to see Chancellor’s Regulation A-832.

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Updates to RFA

2012-2013

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Why the focus on Respect for All?

2011-2012: Preparing for DASA

• The NY State Dignity for All Students Act (DASA) went into effect July 1st 2012

• New York State Educational Law-Article 2


Dignity for All Students Act

DASA Prohibits student to student and adult to student harassment

No student shall be subjected to harassment by employees or students on school property or at a school function; nor shall any student be subjected to discrimination based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex by school employees or students on school property or at a school function

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DASA Requires:

• An age-appropriate version of the policy written in plain-language in the code of conduct (NYC Citywide Discipline Code)

• School districts to develop policies intended to create a school environment that is free from discrimination or harassment (Chancellor’s Regulations)

• At least one staff member at every school be thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious

practice, disability, sexual orientation, gender, and sex. (RFA Liaison)

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NYC IS AHEAD OF THE GAME

The Discipline CodeB23: Using slurs based upon actual or perceived race, ethnicity, color, national

origin, citizenship/immigration status, weight, religion, gender, gender identity, gender expression, sexual orientation, or disability.

LEVEL 3 Infraction- Disruptive Behavior

B40: Engaging in intimidating and bullying behavior, including cyber-bullying-threatening, stalking or seeking to coerce or compel a student or staff member to do something; engaging in verbal or physical conduct that threatens another with harm; taunting and/or intimidation including through the use of epithets or slurs involving actual or perceived race, ethnicity, color, national origin, citizenship/immigration status, weight, religion, gender, gender identity, gender expression, sexual orientation, or disability.

LEVEL 4 Infraction- Aggressive or Injurious/Harmful Behavior

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NYC IS AHEAD OF THE GAME

Chancellor’s Regulations The Following Regulations are related to providing a safe and supportive

environment free of discrimination, intimidation, taunting, and harassment (e.g. bullying):

A-412: Security in Schools

A-420: Pupil Behavior and Discipline- Corporal Punishment

A-421: Pupil Behavior and Discipline- Verbal Abuse

A-830: Filing Internal Complaints of Unlawful Discrimination/Harassment

A-831: Student to Student Sexual Harassment

A-832: Student to Student Bias-Based Harassment Intimidation and/or Bullying

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Chancellor’s Regulation A-421 Pupil Behavior and Discipline-Verbal Abuse

A-421 prohibits verbal abuse of students by Department of Education employees or other staff members:

Verbal abuse of student is prohibited in and around school premises, as well as on school trips.

No verbal abuse shall be inflicted in any of the public schools, nor punishment of any kind tending to cause excessive fear or physical or mental distress. Violation shall constitute grounds for dismissal.

DOE Employees may not use verbal abuse regardless of whether a student’s parent or guardian consents to such conduct.

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Prohibited Verbal Abuse Includes:

Language that tends to cause fear or physical or mental distress

Discriminatory language based on actual or perceived race, color, national origin, citizenship status, ethnicity, religion, gender, disability, or sexual orientation which tends to cause fear or physical or mental distress

Language that tends to threaten physical harm; or

Language that tends to belittle or subject students to ridicule

AVOID SARCASM!!!!!!!

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Conducting the Investigation

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Investigation***Complaints must be entered into OORS within 24 hours!!!

The principal/designee must advise the parent(s) of the accused student of the allegations. The principal/designee must also advise the parent(s) of the alleged victim of the allegations, unless the alleged victim informs the principal/designee of safety concerns in regard to such notification. In such case, the principal/designee shall decide whether to inform the alleged victim’s parents following consideration of privacy and safety concerns. The principal may consult with the Office of the General Counsel in making this decision.

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Investigative Steps:The principal/designee must take the following investigative

steps, as soon as practicable, but in any event, no later than five days after receipt of the complaint:

interview the alleged victim and document the conversation;

ask the alleged victim to prepare a written statement which includes as much detail as possible, including a description of the behavior, when it took place and who may have witnessed it;

interview the accused student and advise him/her that if the conduct has occurred, it must cease immediately;

ask the accused student to prepare a written statement; and

interview any witnesses and obtain their written statements.

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Results of Investigation:The school must report the results of its investigation of each

complaint filed under these procedures in writing to the parents of the alleged victim and the parents of the accused student within ten school days of the complaint subject to state and federal laws regarding student records privacy and consistent with the privacy rights of the alleged harasser, except where a decision was made not to notify the parents of the alleged victim of the allegation as set forth in CR A-832 Section III.C. A copy of this report must be sent to the CFN Network Leader.

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Avoid Calls to 311!!!

“My child was bullied at school and the principal did NOTHING about it!”

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Unsubstantiated Charges

If, based upon your investigation, charges of Bias Based Harassment are unsubstantiated, it is important to determine if student misconduct is still actionable under the Discipline Code and should be addressed via Chancellors Regulation A-443-Student Discipline Procedures. Parents of victim can be informed that all instances of student misconduct was handled administratively in accordance with the Discipline Code.

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Chancellor’s Regulation A-832 Follow Up

Where appropriate, the complaining student and the accused student should be referred to the guidance counselor, school social worker, psychologist or other appropriate school staff for separate counseling.

Where appropriate, the principal/designee should utilize intervention methods, including sensitivity training, counseling, and/or referral to a community-based agency for counseling, support and education.

Students who have been found to have violated this regulation will be subject to appropriate disciplinary action pursuant to the Department of Education’s Discipline Code and Chancellor's Regulation A-443.

The principal/designee must follow up to ensure that the conduct has stopped.

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Best Practices for RFA

Establish a positive and respectful culture in your classrooms.

Provide many opportunities for student collaboration and voice.

Be sensitive to the diversity of everyone in the school community.

Model appropriate behaviors of tolerance and acceptance to adversity.

Work closely with bullies and victims.

Address ALL instances of bullying/harassment. Report incidents to the RFA liaison as needed.

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When in Doubt:

PUT IN OORS!!!

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Documents

CFN 204 Principal and AP Meeting 2012-2013 UPDATES October 2012 David Abbott Director of Student Services CFN 204 · Diane Foley · Network Leader