Bullying– A Quick Guide on DASA

Quick Facts-  

• The purpose of the Dignity for all Students Act (DASA) is to provide K-12 public school students with a supportive and safe environment without discrimination, taunting, intimidation, or bullying, on a school bus, on school property or at a school function. 

• DASA does not apply to private, religious or denominational educational institutions. 
• Overall, DASA seeks to protect students from harassment, bullying, and discrimination.  

 

FAQ’s- 

• What is the definition of harassment and bullying under DASA? 

• DASA defines harassment and bullying as the creation of a hostile environment by conduct or threats, intimidation or abuse (including verbal and nonverbal actions) and cyberbullying that:  

• Has or would have the effect of unreasonably and substantially interfering with a student’s educational performance opportunity or benefits, or mental, emotional or physical well-being; or 

• Reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or 

• Reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or 

• Occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. 

• Acts of harassment and bullying include, but are not limited to, acts based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender identity or expression, or sex. 

• Cyberbullying is also considered harassment and bullying under DASA. 

 

• What are the obligations of a school district and school employees under DASA? 

• The Board of Education of every school district must create mandatory policies, procedures, and guidelines intended to create a school environment that is free from harassment, bullying, and discrimination. This includes: 

• Creating an age-appropriate version of the DASA policy, written in plain language, and included in the code of conduct adopted by the Board of Education; 

• At least once every school year, providing all school employees, students, and parents, with a written or electronic copy of the school district’s DASA policies and procedures, including notification of the process by which to report harassment, bullying, and discrimination; and 

• Posting current policies regarding harassment, bullying, and discrimination on the school district’s website. 

• School employees who witness harassment, bullying or discrimination must: 

• Orally notify the principal, superintendent, or DAC coordinator no later than one school day after witnessing or receiving a report; and 

• File a written report with the principal, superintendent, or DAC coordinator no later than two days after making the oral report. 

• A full list of other school district responsibilities can be found here. 

 

• What should I do if my child is experiencing bullying or harassment?  

• If you feel your child is being bullied, you should file a DASA complaint with your child’s school’s DAC coordinator. A sample DASA complaint form can be found here. You should file a complaint each time your child experiences an incident of bullying so that there is a written record. 

• If the student being bullied is classified as a student with a disability, that student’s individualized education plan (IEP) should be reviewed and revised to include supplementary aids, services, supports and accommodations to prevent further bullying.  

• Some examples include:  

• counseling;  

• additional staff training;  

• establish “safe harbor” to allow a student to leave class early to avoid bullying;  

• implementation of a safety plan;  

• a 1-1 aid to shadow a student during unstructured time;  

• an “anti-bullying plan”.  

 

• What happens after I file a DASA complaint? 

• The principal, superintendent, or DAC coordinator must lead or supervise a thorough investigation of all reports of harassment, bullying, and discrimination, and ensure that such investigation is completed promptly after receipt of any written reports. 

• If the investigation reveals any verified harassment, bullying, and/or discrimination, the school district must: 

• Take prompt actions reasonably calculated to end the prohibited conduct; 

• Eliminate any hostile environment; 

• Create a more positive school culture and climate; 

• Prevent recurrence of the behavior; and 

• Ensure the safety of the student or students against whom such conduct was directed. 

• The school district must prohibit retaliation against any individual who, in good faith, reports or assists in the investigation of harassment, bullying or discrimination. 

• The school district must also report any harassment, bullying or discrimination that it believes constitutes criminal conduct to law enforcement.  

 

• Do victimized students have a right to sue a school district for failure to comply with DASA? 

• No, there is no private right of action under DASA and the student may not bring a lawsuit in civil court to redress the school district’s failure to comply with that statute. 

• New York federal district courts have also determined that there is no private right of action under DASA. 

 

• What other legal options do victimized students have? 

• A student may have a right of cause of action provided under other local, state, or federal ordinance law or regulation, such as any remedies or rights available under the Individuals with Disabilities Education Act (IDEA), Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Law of 1964, Section 504 of the Rehabilition Act of 1973,the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, State claims for negligent supervision, or Equal Protection Clause of the Fourteenth Amendment.