When The School Calls It Bullying
Educ. Law § 13 — an oral report within one school day, and a written one within two
New York's Dignity for All Students Act requires every school district to adopt policies, procedures and guidelines for a school environment free from harassment, bullying and discrimination.
The definition. Harassment and bullying mean creating a hostile environment by conduct, threats, intimidation or abuse, including cyberbullying, that unreasonably and substantially interferes with a student's educational performance, opportunities or benefits or mental, emotional or physical well-being, reasonably causes a student to fear for their physical safety, or reasonably causes physical injury or emotional harm to a student. It also reaches conduct off school property that would foreseeably create a risk of substantial disruption within the school, where it might foreseeably reach school property.
- The principal, superintendent or a designee is named to receive reports, and students and parents may report orally or in writing.
- A school employee who witnesses or receives a report orally notifies the principal, superintendent or designee not later than one school day afterward, and files a written report not later than two school days after the oral one.
- The principal, superintendent or designee leads or supervises a thorough investigation, completed promptly.
- Where it is verified, the school takes prompt action reasonably calculated to end it, eliminate any hostile environment, prevent recurrence and ensure the student's safety.
- Retaliation against anyone who reports in good faith, or assists an investigation, is prohibited.
Discipline itself, suspension and expulsion procedure, federal civil rights law on harassment based on a protected characteristic, and criminal charges for conduct that is also a crime are outside this page. Whether a district followed its own policy in a particular case, and what can be done if it did not, are questions for a licensed New York attorney.
Sources for this section (2)
- Educ. Law § 13 — Policies and guidelines
- Educ. Law § 11 — Definitions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.