Reporting of Incidents Concerning School Safety and the Educational Climate

1. Dignity for All Students Act and VADIR Reporting of Incidents Concerning School Safety and the Educational Climate New York State Center for School Safety located at Ulster BOCES

2. Agenda • VADIR • Dignity Act • Material Incident • Examples and Discussion New York State Center for School Safety at Ulster BOCES 2013

3. NYS SAVE – Safe Schools Against Violence in Education • What is it? • On July 24, 2000, Governor George E. Pataki signed into law the most comprehensive legislative plan in the nation, entitled Project SAVE (Safe Schools Against Violence in Education), to promote a safer and more effective learning environment within New York State's schools. • 16 Initial Elements New York State Center for School Safety at Ulster BOCES 2013

4. Safe Schools Against Violence in Education Act (SAVE) • District-Wide School Safety Plans • Building Level Emergency Response Plans • Codes of Conduct • Teacher Authority/Principal Authority • Uniform Violent Incident Reporting (VADIR) New York State Center for School Safety at Ulster BOCES 2013

5. Safe Schools Against Violence in Education Act (SAVE) • Instruction in Civility, Citizenship, and Character Education • Health Curriculum • Interpersonal Violence Prevention Education • School Violence Prevention Training (2 hour violence prevention class) New York State Center for School Safety at Ulster BOCES 2013

6. Safe Schools Against Violence in Education Act (SAVE) • Fingerprinting • Whistle Blower Protection • Prohibit Silent Resignations • Teacher Discipline • Assaults on Teachers • Child Abuse Reporting • Court Notification New York State Center for School Safety at Ulster BOCES 2013

7. Included in SAVE is the requirement to develop a Uniform Violent Incident Reporting System = New York State Center for School Safety at Ulster BOCES 2013

8. VADIR Review • 20 Categories • Violent Incidents • Disruptive Incidents • Mandatory Reporting (#) • Weighted (*) SVI (School Violence Index)SVI = Formula to determine Persistently Dangerous Schools • Thresholds for reporting incidents in categories 9-13, 16 and 20 • On school grounds, school function or the school bus • Reportable whether the offender is known or not and whether victims and/or offenders are enrolled or not. New York State Center for School Safety at Ulster BOCES 2013

9. VADIR is An INCIDENT based reporting system NOT a STUDENT based reporting system. New York State Center for School Safety at Ulster BOCES 2013

10. Reporting Thresholds Review • Suspension from class or activities • In-school equivalent of one full day • Activities or transportation for five (5) consecutive school days • Out of school suspension for the equivalent of one full day • Teacher removal (formal 3214 hearing) • Referral to counseling / treatment program • Transfer to alternative educational setting • Law enforcement / Juvenile justice referral New York State Center for School Safety at Ulster BOCES 2013

11. VADIR Categories(#) Mandatory; (*) Weighted; (#*) Both • 1. Homicide (#*) • 2. Sexual Offenses (#*) • 2.1 Forcible Compulsion • 2.2 Other Sex Offenses • 3. Robbery (#*) • 4. Assault w/Serious Physical Injury (#*) Each incident may be reported in only ONE category. Use the lowest numbered category.(Highest Ranking Offence) New York State Center for School Safety at Ulster BOCES 2013

12. VADIR Categories(#) Mandatory; (*) Weighted; (#*) Both • 5. Arson (#*) • 6. Kidnapping (#*) • 7. Assault with Physical Injury (#*) • 8. Reckless Endangerment (#*) New York State Center for School Safety at Ulster BOCES 2013

13. VADIR Categories(#) Mandatory; (*) Weighted; (#*) Both 9. Minor Altercation 10. Intimidation, Harassment, Menacing or Bullying (IHMB) Item 2: Other Information Regarding Intimidation, Harassment, Menacing and Bullying (IHMB) (All other incidences of IHMB that come to the attention of the administrator are counted here. Schools can keep track using a variety of methods including a notebook, electronically, complaint forms, etc…) 11. Burglary New York State Center for School Safety at Ulster BOCES 2013

14. VADIR Categories(#) Mandatory; (*) Weighted; (#*) Both 12. Criminal Mischief 13. Larceny or Other Theft Offenses • 14. Bomb Threat (#) • 15. False Alarm (#) 16. Riot New York State Center for School Safety at Ulster BOCES 2013

15. VADIR Categories(#) Mandatory; (*) Weighted; (#*) Both • 17. Weapons Possession (#*) • 17.1 Weapons Confiscated through Routine Security Checks: Upon Entry to Building (scanning devices) • 17.2 Weapons Found under Other Circumstances • 18. Use, Possession or Sale of Drugs Only (#) • 19. Use, Possession or Sale of Alcohol Only(#) 20. Other Disruptive Incidents Gang Related Bias Related New York State Center for School Safety at Ulster BOCES 2013

16. VADIR Example First name calling offense in COC = verbal warning Student reports a second incident to Principal (again, no name is given). The same offending student (now displaying anger) said Jamie is retarded, dumb and can’t read like other kids. Second name calling incident = half hour of detention Jamie reports to the Principal that another student (does not want to give his name) has repeatedly called him a retard. Student reports a third incident of continued name calling, offender’s anger is getting worse and is threatening to fight (still no name provided). Third offense, threats of violence = referral to anger management program New York State Center for School Safety at Ulster BOCES 2013

17. VADIR Forms FORMS: • Individual Violent and Disruptive Incident Report • Summary of Violent and Disruptive Incidents Form • District Incident Reporting Form: Only to be used when an incident is not linked to a specific building • VADIR reports must be kept until the youngest person involved in the incident is 27 years old. • Persistently Dangerous Schools may need to keep forms for longer • Submit Data to NYSED Portal. • Open this year Aug 19-Sept 27th 2013 New York State Center for School Safety at Ulster BOCES 2013

18. Clearly Describe the Incident • Be specific • List details of injuries • Note the conclusion • Keep your records • VADIR – Until youngest involved is 27 New York State Center for School Safety at Ulster BOCES 2013

19. Clearly Document VADIR #4 Assault w/ Serious Physical Injury VADIR #7 Assault w/ Physical Injury VADIR #20 Other Disruptive Incident -if it meets the threshold New York State Center for School Safety at Ulster BOCES 2013

20. New York State Center for School Safety at Ulster BOCES 2013

21. §12(1) Dignity Act No student shall be subjected to harassment by employees or students on school property or at a school function; New York State Center for School Safety at Ulster BOCES 2013

22. §12(1) Dignity Act Nor shall any student shall be subjected to discrimination based on their actual or perceived: • race • color • weight • national origin • ethnic group • religion • religious practice • disability • sexual orientation • gender identity • sex Includes but is not limited to the above classes Activity New York State Center for School Safety at Ulster BOCES 2013

23. Material Incident (MI)? Did the single incident or series of related incidents…. Whether actual or perceived New York State Center for School Safety at Ulster BOCES 2013

24. Bias Type • Multiple types of bias are all reported New York State Center for School Safety at Ulster BOCES 2013

25. Material Incident Defined or or New York State Center for School Safety at Ulster BOCES 2013

26. Was the Material Incident? OR Who have reasonable cause and act in good faith = immunity from civil liability and retaliatory actions. New York State Center for School Safety at Ulster BOCES 2013

27. Material Incident Example Student had things taken from his desk and backpack, was pushed against the locker as he was being teased for being gay and was called a “faggot.” He has missed 10 days of school out of fear. New York State Center for School Safety at Ulster BOCES 2013

28. Material Incident Dignity Material Incident Forms FORMS: Individual Form – created by school district Summary of Dignity Act Incidents Form – created by NYSED New York State Center for School Safety at Ulster BOCES 2013

30. Dignity Form Components • Report all material incidents of discrimination and harassment resulting from an investigation or observed • Four data elements • type of bias (11 named classes / other?) • offender - student and/or employee • location • Involved physical contact and/or verbal threats, intimidation or abuse (specified on next slide) New York State Center for School Safety at Ulster BOCES 2013

31. Involve physical contact and/or verbal threats, intimidation or abuse? intimidation or abuse but no verbal threat or physical contact verbal threat but no physical contact physical contact but no verbal threat verbal threat and physical contact New York State Center for School Safety at Ulster BOCES 2013

32. Clearly Document New York State Center for School Safety at Ulster BOCES 2013

33. Type of Incident? Target’s perceptions New York State Center for School Safety at Ulster BOCES 2013

34. VADIR or Material Incident? VADIR #8 Reckless Endangerment The rock hit Jim on the face, he was taken to the emergency room and was diagnosed with a concussion. VADIR #4 Assault with Serious Physical Injury Janet threw a rock towards Jim's face. Janet was an offender in three incidents involving Jim, repeatedly calling him “a Muslim.” In the last incident during an investigation witnesses said Janet yelled: “You are a terrorist!” when she threw a rock at Jim. He was taken to the emergency room and was diagnosed with a concussion. He was scared to come back to school. VADIR #4 Assault with Serious Physical Injury AND MI New York State Center for School Safety at Ulster BOCES 2013

35. VADIR, Material Incident or Both? Student had something taken from his desk; Had sandwiches taken and smashed during lunch in the cafeteria, (so far, never missed school); Was pushed against the locker and teased because he was fat and would not fight back; Was repeatedly called a "fatty, fatty!"; Was threatened to have the crap beaten out of him ……now, he was afraid and not going to lunch in the cafeteria and was missing gym class. New York State Center for School Safety at Ulster BOCES 2013

36. VADIR, Material Incident or Both? Intimidation, harassment, menacing or bullying (IHMB) = VADIR or Dignity?? VADIR – category #10 VADIR – Item #2 Dignity – Material Incidents (MI) New York State Center for School Safety at Ulster BOCES 2013

37. Q&A?? New York State Center for School Safety at Ulster BOCES 2013

38. Resources • NYS Center for School Safety • scss@ulsterboces.org • 845-255-8989 • http://nyscenterforschoolsafety.org/ • NYS Center for School Safety Facebook page • Christine Downs, cdowns@ulsterboces.org • Sherry Runk, srunk@ulsterboces.org • NYS Education Department • 518-486-6090 • http://www.p12.nysed.gov/sss/ssae/schoolsafety/vadir/ • DASA@mail.nysed.gov • http://www.p12.nysed.gov/dignityact/ • Dignity for All Students Act Facebook page New York State Center for School Safety at Ulster BOCES 2013