reporting of incidents concerning school safety and the educational climate new york state center...

Reporting of Incidents Reporting of Incidents Concerning School Safety Concerning School Safety

and the Educational and the Educational ClimateClimate

New York State Center for School SafetyNew York State Center for School Safetylocated at Ulster BOCESlocated at Ulster BOCES

Dignity for All Students Act and VADIR

Agenda

VADIRDignity ActMaterial IncidentExamples and Discussion

New York State Center for School Safety at Ulster BOCES 2013

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

Safe Schools Against Violence Safe Schools Against Violence in Educationin Education

NYS SAVE –NYS SAVE –


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)



Instruction in Civility, Citizenship, and Character Education

Health Curriculum

Interpersonal Violence Prevention Education

School Violence Prevention Training (2 hour violence prevention class)



FingerprintingWhistle Blower ProtectionProhibit Silent ResignationsTeacher DisciplineAssaults on TeachersChild Abuse ReportingCourt Notification


Included in SAVE is the requirement to develop aUniform Violent Incident

Reporting System =


VADIR Review20 Categories

Violent IncidentsDisruptive IncidentsMandatory Reporting (#)Weighted (*) SVI (School Violence Index)SVI = Formula to determine Persistently Dangerous Schools

Thresholds for reporting incidents in categories 9-13, 16 and 20On school grounds, school function or the school busReportable whether the offender is known or not and whether victims and/or offenders are enrolled or not.


An INCIDENT based reporting system

NOTNOT

a STUDENT based reporting system.


Reporting Thresholds Review

1. Suspension from class or activitiesIn-school equivalent of one full dayActivities or transportation for five (5) consecutive school days

2. Out of school suspension for the equivalent of one full day

3. Teacher removal (formal 3214 hearing)4. Referral to counseling / treatment program5. Transfer to alternative educational setting6. Law enforcement / Juvenile justice referral


1. Homicide (#*)

2. Sexual Offenses (#*)

2.1 Forcible Compulsion

2.2 Other Sex Offenses

3. Robbery (#*)

4. Assault w/Serious Physical Injury (#*)


VADIR Categories(#) Mandatory; (*) Weighted; (#*) Both

Each incident may be reported in only

ONE category.

Use the lowest numbered category.

(Highest Ranking Offence)

5. Arson (#*)

6. Kidnapping (#*)

7. Assault with Physical Injury (#*)

8. Reckless Endangerment (#*)



9. Minor Altercation10. 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



12. Criminal Mischief

13. Larceny or Other Theft Offenses

14. Bomb Threat (#)

15. False Alarm (#)

16. Riot



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 RelatedNew York State Center for School Safety at Ulster BOCES 2013


VADIR Example Jamie reports to the Principal that another student (does not want to give his name) has repeatedly called him a retard.

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.

Student reports a third incident of continued name calling, offender’s anger is getting worse and is threatening to fight (still no name provided).

First name calling offense in COC = verbal warning

Second name calling incident = half hour of detention

Third offense, threats of violence = referral to anger management program


VADIR FormsFORMS:

Individual Violent and Disruptive Incident Report Summary of Violent and Disruptive Incidents FormDistrict 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


Clearly Describe the Incident

Be specificList details of injuriesNote the conclusionKeep your records

VADIR – Until youngest involved is 27


Clearly DocumentVague or Incomplete Clearly Written

Two students were fighting and one got seriously hurt.

Jenny called Rose’s boyfriend names so Rose hit Jenny in the mouth causing it to bleed. Jenny went to the hospital where she received four stitches.

A student threw a snowball at another student.

Dan forcefully threw a hard, icy snowball at Joe and hit him on the cheek. Joe went to the nurse and his cheek started to swell and get black and blue.

One student violently attacked another student with weapon projectiles.

During Home and Careers Cooking Class Bob and T.J. began horse playing. The two boys were separated. Several minutes later Bob started to throw marshmallows across the room at T.J. Another student was hit with several marshmallows.


VADIR #4 Assault w/ Serious Physical InjuryVADIR #4 Assault w/ Serious Physical Injury

VADIR #7 Assault w/ Physical InjuryVADIR #7 Assault w/ Physical Injury

VADIR #20 Other Disruptive Incident -if it meets the threshold

VADIR #20 Other Disruptive Incident -if it meets the threshold

Reportable:

Violent or Disruptive Incident (Categories 1-20) On school grounds, school function or the school bus Meets or exceeds the disciplinary or referral threshold

for certain categories

Reportable under ALL Circumstances: Categories 1-8, 14, 15, 17, 18 and 19

Whether or not the perpetrator is known and regardless of whether or not the disciplinary or referral threshold was met

Categories 9-13, 16 and 20 if a weapon is involved

Reportable under CERTAIN Circumstances: Categories 9-13, 16 and 20

Reportable if the incident resulted in an action that meets the disciplinary or referral threshold (known perpetrator); or

Incidents should be reported once in the highest ranking

category of offense that applies.

Violent and Disruptive Incident Report


No student shall be subjected to

harassment by employeesemployees or students

on school property or at a school function;

21

§12(1) Dignity Act


Nor shall any student shall be subjected to discrimination based on their actual or perceived:

racecolor

weightnational originethnic group

religionreligious practice

disabilitysexual orientation

gender identitysex

Includes but is Includes but is not limited not limited to the above classesto the above classes

§12(1) Dignity Act


Whether actual or perceived

Did the single incident or series of related incidents….


Bias Type

Multiple types of bias are allall reported


Material Incident DefinedMaterial Incident Defined

oror oror


Was the Material Incident?

Who have reasonable cause and act in good faith = immunity from civil liability and retaliatory actions.


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.


Dignity Material Incident Forms

•Individual Form – created by school district•Summary of Dignity Act Incidents Form – created by NYSED

FORMS:


Dignity Form Components Report all material incidents material incidents of discrimination and harassment resulting from an investigation resulting from an investigation or observedobserved

Four data elementsFour 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)


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


Clearly DocumentVague or Incomplete Clearly Written

Nancy was threatening Gracie. Nancy repeatedly called Gracie a sissy, coward and chicken because she was “so small.” [Teacher gave Nancy a verbal warning.] Behavior escalated, Nancy often bumped into Gracie in the halls to intimidate her; [she received after school detention]. Then she told Gracie to expect a fight in the locker room. Gracie told a counselor she was scared and didn’t go to gym for two weeks. Nancy received a day of ISS.

Dan wrote “Joyce is a slut!” on the boy’s bathroom wall.

Dan wrote “Joyce is a slut!” on the boy’s bathroom wall. Since Joyce broke up with Dan, he has been repeatedly calling her a slut, whore and worse names. She is so embarrassed and skips the class the two attend.


Type of Incident?

Target’s perceptions


VADIR or Material Incident?Janet threw a rock towards Jim's face.

The rock hit Jim on the face, he was taken to the emergency room and was diagnosed with a concussion.

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 #8 Reckless Endangerment

VADIR #4 Assault with Serious Physical Injury

VADIR #4 Assault with Serious Physical Injury AND MI

VADIR, Material Incident or Both?1. Student had something taken from his desk; 2. Had sandwiches taken and smashed during lunch in

the cafeteria, (so far, never missed school); 3. Was pushed against the locker and teased because

he was fat and would not fight back;4. Was repeatedly called a "fatty, fatty!"; 5. 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.


VADIR, Material Incident or Both?

Intimidation, harassment, menacing or bullying (IHMB) = VADIR or Dignity??

•VADIR – category #10 •VADIR – Item #2•Dignity – Material Incidents (MI)


Q&A??


• NYS Center for School Safety• [email protected] • 845-255-8989• http://nyscenterforschoolsafety.org/• NYS Center for School Safety Facebook page

• Christine Downs, [email protected] • Sherry Runk, [email protected]

• NYS Education Department• 518-486-6090• http://www.p12.nysed.gov/sss/ssae/schoolsafety/vadirvadir/• [email protected] • http://www.p12.nysed.gov/dignityactdignityact/• Dignity for All Students Act Facebook page

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ResourcesResources


mailto:[email protected]

mailto:[email protected]

reporting of incidents concerning school safety and the educational climate new york state center...

Documents

school suspension

school equivalent

school function

school grounds

new york states schools

ulster boces dignity

vadir slide

school bus reportable