New York State's Dignity for All Students Act* [DASA] prohibits harassment and bullying in public schools. DASA defines “harassment” and “bullying,” in relevant part, as: “the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying ....”.
Such a hostile environment may be created where bullying or harassment:
(a) has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional or physical well-being; or
(b) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or
(c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student ....
Citing Appeal of a Student with a Disability, 59 Ed Dept Rep, Decision No. 17,859 and Appeal of L.D., 55 Ed Dept Rep, Decision No. 16,864, the Commissioner of Education observed that a School District’s DASA determination will be reversed "only upon a showing that it was arbitrary or capricious."
Explaining that the petitioner has the burden of demonstrating a clear legal right to the relief requested and the burden of establishing the facts upon which he or she seeks relief, in the instant mater the Commissioner found:
1. The record demonstrated that the School District responded to Petitioner’s allegations of bullying and harassment of Petitioner’s child [Student] appropriately;
2. The school principal investigated each of the alleged incidents and addressed the alleged misconduct of "A" and "B" promptly;
3. The School District took remedial action to protect Student in school and prevent future bullying or harassment, including the implementation of a “stay away” agreement between Student and "A"; and
4. The principal explained the inappropriateness of "B" addressing derogatory language to Student, and "B" subsequently apologized to Student.
Finding that Petitioner failed to meet her burden of proving that [1] the School District acted in an arbitrary and, or, a capricious manner or [2] that any other relief was warranted, the Commissioner dismissed Petitioner's appeal.
* Education Law §11[7]; 8 NYCRR 100.2 [kk] [1]
Click HERE to access the Commissioner's decision.