Objective

To determine the extent of implementation of the three recommendations included in our initial audit report, Implementation of the Dignity for All Students Act (Report 2016-S-28).

About the Program

New York State’s Dignity for All Students Act (DASA) seeks to provide students in New York with a safe and supportive environment free from discrimination, harassment, and bullying on school property, on school buses, and at school functions. DASA’s initial provisions, which took effect July 1, 2012, included curriculum and annual reporting requirements in 12 bias-related categories (e.g., race, sexual orientation, weight) and required schools to designate a trained Dignity Act Coordinator (DAC). An amendment effective July 1, 2013 defined cyberbullying and added requirements for investigating and reporting alleged incidents. The State Education Department (Department) provides guidance to assist school districts in complying with DASA requirements. For the school year ended June 30, 2018, school districts (excluding New York City) reported 15,826 incidents statewide under DASA.

Our initial audit report, which was issued October 13, 2017, evaluated the steps the Department had taken to ensure that school district policies and practices comply with DASA and that school districts report material incidents of discrimination and harassment, as required, to the Department. We also evaluated whether the Department had issued timely DASA guidance to school districts that adequately addresses transgender and gender nonconforming students. We found that the Department generally provided effective oversight of DASA implementation. However, while most schools we visited had designated DACs, more than half of the schools we visited did not communicate DAC contact information throughout the school. Further, officials at most schools we visited were not aware of DASA record retention requirements. We also found that certain schools may not accurately report some DASA incidents or may not report them at all, and incident records often were not adequate to clearly demonstrate whether or not the incidents were reportable.

Key Finding

The Department has made significant progress in addressing the issues identified in our initial report. Of the three prior recommendations, two were implemented and one was partially implemented. 

The Department is not required to respond to this follow-up report.  However, we allow 30 days from the date this report is issued for officials to provide information on any actions that are planned to address unresolved issues identified in this report.