Nondiscrimination: Rhode Island General Laws prohibit discrimination in educational programs, opportunities and other matters based on gender identity, sex, sexual orientation, and perceived sexual orientation in Rhode Island public schools.  You can read more under R.I. Gen. Laws § 16-38-1.1 

Anti-Bullying: Rhode Island has strong anti-bullying laws. It has strict requirements that schools must follow to protect students from a wide variety of bullying, be it physical, verbal, or online.  

Guidance for Schools: The Rhode Island Department of Elementary and Secondary Education has created guidance in 2016 for schools on the rights, responsibilities, and best educational practices for transgender and gender non-conforming students. Learn more about the guidance and contact the Department of Education for more information.

Learn more about youth rights in Rhode Island on the following Know Your Rights pages

• Bullying
• Discrimination
• GSAs/LGBTQ+ clubs
• Schools
• Transgender Students

If you as a student or your child is experiencing bullying because of an LGBTQ+ status or a perceived LGBTQ+ status, you can take steps under your local policy as well as state and federal law to remedy the situation. And you can pursue both avenues at the same time. 

Rhode Island Anti-Bullying & Harassment Protections 

First, it is important to understand what Rhode Island considers bullying or harassment.  

Rhode Island anti-bullying laws include the following definitions of bullying: “Bullying” means the use by one or more students of a written, verbal or electronic expression or a physical act or gesture or any combination thereof directed at a student that: 

• Causes physical or emotional harm to the student or damage to the student’s property; 
• Places the student in reasonable fear of harm to himself/herself or of damage to his/her property; 
• Creates an intimidating, threatening, hostile, or abusive educational environment for the student; 
• Infringes on the rights of the student to participate in school activities; or 
• Materially and substantially disrupts the education process or the orderly operation of a school. The expression, physical act or gesture may include, but is not limited to, an incident or incidents that may be reasonably perceived as being motivated by characteristics such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression or mental, physical, or sensory disability, intellectual ability or by any other distinguishing characteristic. 

Read more from StopBullying.gov FAQ. 

Second, consider whether you want to take action under the school’s anti-bullying or harassment policies, which should be available on the school website. If so, follow the steps from the school’s policies, keep copies/screenshots of emails and texts, and take notes of conversations with school staff to show that you have done what you are supposed to and that the school is on notice of your concerns.

If the school is not investigating the bullying, press them to do so. Rhode Island’s Safe School Act Statewide Bullying Policy “recognizes that the bullying of a student creates a climate of fear and disrespect that can seriously impair the student’s health and negatively affect learning. Bullying undermines the safe learning environment that students need to achieve their full potential.  The purpose of the Policy is to ensure a consistent and unified statewide approach to the prohibition of bullying at school.” See the full policy from 2012 here, and information Rhode Island Kid’s Count Bullying Prevention Brief from 2016 here. 

If you are not satisfied with the school’s response, consider contacting the school district’s Superintendent (information on the school website). 

If working with the administration and superintendent is not helpful, the RI Department of Education is the next place to turn.  You can contact Thrive, a part of the State government devoted to healthy and safe learning environments.

Under a Board of Regents Policy adopted in 1997 and revised in 2010, all students, without exception, have the right to attend a school in which they feel safe and able to express their identity without fear… certain students, because of their actual or perceived sexual orientation or gender identity/expression, have been subject to discrimination through abuse, harassment, bullying and/or exclusion from full participation in educational activities. You can find more information here and here.

You may also choose to file a discrimination complaint with the Rhode Island Commission for Human Rights. Find out more.

US Harassment & Discrimination Protections for Students 

Federal law is also a tool for addressing bullying and harassment.  When these behaviors are ignored or inadequately addressed, this may add up to discrimination or the denial of education opportunities based on sexual orientation or gender identity, among other characteristics.  

You can raise concerns about your or your child’s experience of discriminatory anti-LGBTQ+ bullying, harassment, or other discrimination by contacting contact the U.S. Department of Education Office of Civil Rights in Boston to file a complaint. The OCR has the authority to investigate a complaint of discrimination on the basis of race, color, national origin, sex, disability, or age. Note that sexual orientation and gender identity discrimination are aspects of “sex” discrimination.  

Contact the Office of Civil Rights. 

Harassment and bullying because of a person’s LGBTQ+ identities may also constitute sex discrimination under Title IX protections. Read more about the US Department of Education’s updated guidance on Title IX.  

If you have questions about the specific situation you are experiencing or questions that have not been answered above, please reach out to GLAD Answers. 

• Follow the issues that come up in your school committee and town/city council
• Attend meetings when important issues are being discussed and even to participate in the public comment period in which School Board/Committee members listen to input from the public.  It is important that they hear support for good work and good arguments for why LGBTQ+ and race-based restrictions are bad educational policy for all students.
• Follow education, curriculum, staffing, policy, library and other issues in school board and local elections, or run for office yourself
• For support in talking about issues related to education and LGBTQ+ students, and more ways to take action, visit Campaign for Our Shared Future.

Organizations

• PFLAG Greater Providence provides support, education and advocacy for parents, families, friends and allies of LGBTQ+ people across Rhode Island, Southeastern Massachusetts and Eastern Connecticut.
• RI Department of Elementary and Secondary Education (RIDE) is committed to tearing down barriers to success and opening doors for students.

For more youth-focused organizations, visit Youth Organizations | Rhode Island

Additional Resources

LGBTQ+ Youth Resource Lists:

• City of Providence | LGBTQ+ Resources
• PFLAG | Greater Providence Resources
• Youth Pride, Inc. | Resource List

Want to learn more about LGBTQ+ Equality in Rhode Island? Visit the Movement Advancement Project’s Rhode Island Equality Profile.

Nondiscrimination: Maine General Laws prohibit discrimination in educational programs, opportunities and other matters based on gender identity, sex, sexual orientation, and perceived sexual orientation in Maine public schools. You can read more under GL 5 Me. Rev. Stat. sec. 4602  

Anti-Bullying: Maine has one strong anti-bullying law with strict requirements that schools must follow to protect students from a wide variety of bullying, be it physical, verbal, or online.  

Guidance for Schools: The Maine Department of Elementary and Secondary Education has created a set of eight principles and practices to support LGBTQ youth in schools at Foundational Practices to Support LGBTQ+ Students.    

Learn more about youth rights in Maine on the following Know Your Rights pages

• Bullying
• Discrimination
• GSAs/LGBTQ+ clubs
• Schools
• Transgender Students

If you as a student or your child is experiencing bullying because of an LGBTQ+ status or a perceived LGBTQ+ status, you can take steps under school or district policy as well as [new] state and federal law to remedy the situation. And you can pursue both avenues at the same time. StopBullying.gov has a good FAQ on the Maine law addressing the law, policies, procedure, data and prevention procedures.  

Maine Anti-Bullying & Harassment Protections  

First, it is important to understand what Maine considers bullying or harassment. Maine anti-bullying laws include the following definitions of bullying and cyberbullying:  

“Bullying” includes, but is not limited to, a written, oral or electronic expression or a physical act or gesture or any combination thereof directed at a student or students that:  

    (1)   Has, or a reasonable person would expect it to have, the effect of:  

        (a)   Physically harming a student or damaging a student’s property; or  

        (b)   Placing a student in reasonable fear of physical harm or damage to the student’s property;  

    (2)   Interferes with the rights of a student by:  

        (a)   Creating an intimidating or hostile educational environment for the student; or  

        (b)   Interfering with the student’s academic performance or ability to participate in or benefit from the services, activities or privileges provided by a school; or  

    (3)   Is based on a student’s actual or perceived characteristics identified in Title 5, section 4602 or 4684-A, or is based on a student’s association with a person with one or more of these actual or perceived characteristics or any other distinguishing characteristics and that has the effect described in subparagraph (1) or (2).  

You can read further here.   

 Second, consider whether you want to take action under the school’s anti-bullying or harassment policies, which should be available on the school or district website. If so, follow the steps from the policies, keep copies/screenshots of emails and texts, and take notes of conversations with school staff so you can show that you have done what you are supposed to and that the school is on notice of your concerns.   

If the school is not investigating the bullying, press them to do so. The anti-bullying law expects  Maine school districts to “establish policies and procedures to address bullying that conform to the state model policy” as shown here as well as “Provisions outlining the responsibility of a superintendent to implement and enforce the bullying policies, including a requirement to designate school personnel to administer policies at the school level and a procedure for publicly identifying the designee.” 

If you are not satisfied with the school’s response, consider contacting both the school’s principal and the district’s Superintendent (information on the school website). Under Maine’s Model Policy for Bullying and Cyberbullying Prevention, they note that principals and superintendents will Promptly [OR: within ___ days] investigate and respond to allegations of bullying behavior”.   

 If working with the administration and superintendent is not helpful, and if the harassment is still related to your child’s LGBTQ+ identities, you can reach out to Maine DOE and ask for the LGBTQ+ Support contact. 

Maine Department of Education LGBTQ+ Resources can be found here: https://www.maine.gov/doe/lgbtq/student.

You may also choose to file a discrimination complaint with the Maine Human Rights Commission. Find out more.

US Harassment & Discrimination Protections for Students  

Federal law is also a tool for addressing bullying and harassment.  When these behaviors are ignored or inadequately addressed, this may add up to discrimination or the denial of education opportunities based on sex, sexual orientation or gender identity, among other characteristics.   

You can raise concerns about your or your child’s experience of discriminatory anti-LGBTQ+ bullying, harassment, or other discrimination by contacting contact the U.S. Department of Education Office of Civil Rights in Boston to file a complaint. The OCR has the authority to investigate a complaint of discrimination on the basis of race, color, national origin, sex, disability, or age. Note that sexual orientation and gender identity discrimination are aspects of “sex” discrimination. Contact the Office of Civil Rights.  

Harassment and bullying because of a person’s LGBTQ+ identities likely constitutes sex discrimination under Title IX protections. Read more about the US Department of Education’s updated guidance on Title IX.   

 If you have questions about the specific situation you are experiencing or questions that have not been answered above, please reach out to GLAD Answers. 

On May 16, 2023, the ACLU and GLBTQ Legal Advocates & Defenders (GLAD) sent a letter urging Maine public school districts to protect students’ legal rights by rejecting censorship in school libraries.

Learn more here.

• Follow the issues that come up in your school committee and town/city council
• Attend meetings when important issues are being discussed and even to participate in the public comment period in which School Board/Committee members listen to input from the public. It is important that they hear support for good work and good arguments for why LGBTQ+ and race-based restrictions are bad educational policy for all students.
• Follow education, curriculum, staffing, policy, library and other issues in school board and local elections, or run for office yourself

For support in talking about issues related to education and LGBTQ+ students, and more ways to take action, visit Campaign for Our Shared Future.

Organizations

• The Maine Department of Education provides all Maine students access to educational experiences, Pre-K through adult, that lead to their success in life and career.
• The Maine Human Rights Commission prohibits discrimination on the basis of protected class in employment, housing, places of public accommodation, education, and extension of credit.
• Trans Youth Equality Foundation based in Maine serves all of New England, providing education, advocacy and support for transgender and gender non-conforming children and youth and their families.
• Maine Youth Action Newtork (MYAN) is a statewide network of committed adults and passionate young people who believe in the transformative power of youth leadership. 
• EqualityMaine is the oldest and largest statewide organization dedicated to creating a fair and just society for lesbian, gay, bisexual, transgender, and queer Mainers. 

For more youth-focused organizations, visit Youth Organizations | Maine.

Additional Resources

Want to learn more about LGBTQ+ Equality in Maine? Visit the Movement Advancement Project’s Maine Equality Profile.

This information applies to public schools and, in some cases, private schools that receive federal funding. If you have questions about your rights in private school, contact GLAD Answers.

Self Expression

• You have a right to be referred to by your preferred name and pronouns.
• You have a right to dress and express yourself in a manner consistent with your gender identity.
• You have a right to free speech and expression. This includes the right to respectfully express opinions or ideas which may offend others – including discussion of LGBTQ+ topics – and to disagree with others. Remember that others also have the right to respectfully express their own ideas and opinions.

Prom and Other Dances

• Your school cannot stop you from taking a date of the same sex or gender to your prom or school dance, as long as your choice of date meets the rules applied to all students.
• Your school cannot treat dates of the same sex or gender differently, including by requiring only same-sex dates to have parental permission.

Learning

• You have a right to access information about LGBTQ+ subjects, including educational websites. Your school’s internet filters should not prevent this access.

Sports

• Prohibitions on discrimination apply to all school programs, including sports.

School Records

• You have a right to have your school and medical records kept confidential.
• You can ask your school(s) to amend their records – even after graduation – to reflect your current name and gender identity.

Title IX is our federal law that prohibits sex discrimination in education. 

The federal Department of Education Office of Civil Rights issued a public notice in June of 2021 clarifying that transgender, nonbinary, lesbian, gay, bisexual, queer, and intersex (LGBTQI+) students are protected from discrimination at school under Title IX. 

Parents
Is your child’s school safe and affirming for LGBTQ+ students? Many students and families wait too long to get help. Don’t wait. Advocate for your student’s rights today. Learn more here.

Teachers & School Administrators
Is your school meeting its legal obligations? Consider the checklist for schools.

Center for American Progress | Fair Play: The Importance of Sports Participation for Transgender Youth — A report on the important benefits of equal participation in sports for all young people, including transgender youth, despite legislative pushback.

GLSEN | Changing the Game — Resources for educators and students to ensure that physical education classes and athletics are inclusive for LGBTQ+ people.

HRC Foundation | Play to Win: Improving the Lives of LGBTQ Youth in Sports — An overview of the state of LGBTQ inclusion in youth sports.

GLSEN | Model Local Education Agency Bullying and Harassment Prevention Policy — Model policy for Local Education Agencies (LEAs) intended to provide a framework that helps educators address bullying and harassment in schools.

GLSEN | Model Local Education Agency Policy on Transgender and Nonbinary Students — Model policy for LEAs intended to serve as a resource to LEAs on how best to meet the needs of transgender and nonbinary students.

GLSEN | Nondiscrimination Protections and Inclusion of LGBTQ+ Students in K-12 Learning Communities —Recommendations for State Education Agencies.

US Department of Education and Department of Justice | Confronting Anti-LGBTQI+ Harassment in Schools — A resource for students and families on how the Educational Opportunities Section of the Civil Rights Division (CRT) at the U.S. Department of Justice and the Office for Civil Rights (OCR) at the U.S. Department of Education can help enforce federal laws that protect students from discrimination.

US Department of Education | U.S. Department of Education Toolkit: Creating Inclusive and Nondiscriminatory School Environments for LGBTQI+ Students — Federal resources for students, schools, and parents as well as examples of policies and practices that schools and districts can consider developing to support LGBTQI+ students and families.

PFLAG | Cultivating Respect: Safe Schools for All — A guide with ten meaningful ways to make sure that all kids have access to education in a safe and supportive environment.

GLSEN | 2021 National School Climate Survey — Documents the unique challenges LGBTQ+ students face and identifies interventions that can improve school climate.

GLSEN | The Safe Space Kit: Guide to Being an Ally to LGBT Students — Designed to help educators create a safe space for LGBT students.

HRC Foundation | Welcoming Schools — A bias-based bullying prevention program providing LGBTQ+ and gender-inclusive professional development training, lesson plans, booklist, and resources specifically designed for educators and youth-serving professionals.

PubMed Central | Promoting School Safety for LGBTQ and All Students — An article reviewing the research foundations of strategies to support LGBTQ and all students to be safe and thrive at school and concludes with recommendations for multiple audiences: policy-makers, school personnel, parents, and students.

NCLR and Gender Spectrum | Schools in Transition: A Guide for Supporting Transgender Students in K-12 Schools — A guide highlighting best practices for supporting transgender students while offering strategies for building upon and aligning them with each school’s culture.

Harvard Law School and NCLR | Trans Youth Handbook — A legal resource guide that covers the rights of trans youth across a wide spectrum of situations, including identity documents, school, health care, non-affirming care environments, and work.

GLSEN | GSA Study Report — A comprehensive report on the experiences of students and advisors in GSAs across the United States.

GLSEN | LGBTQ+ Educator Rights — An overview of the rights of LGBTQ+ educators and how to file complaints of discrimination.

HRC Foundation | Advocating for LGBTQ Students with Disabilities — A guide for educators and parents/guardians on supporting LGBTQ+ students with an IEP or 504 Plan.

• Athlete Ally educates athletic communities at all levels — sport governing bodies, teams, and individual athletes — to understand obstacles to inclusion for LGBTQ people in sports and how they can build inclusive communities on their teams or within their organizations.
• GLSEN (Gay Lesbian, Straight Education Network)  ensures that every member of every school community is valued and respected regardless of sexual orientation, gender identity, or gender expression.
• GSA Network is a next-generation LGBTQ racial and gender justice organization that empowers and trains queer, trans and allied youth leaders to advocate, organize, and mobilize an intersectional movement for safer schools and healthier communities.
• History Unerased encourages confidence in delivering LGBT and other erased histories through the mentoring and support of educators — by educators.
• PFLAG is the first and largest organization dedicated to supporting, educating, and advocating for LGBTQ+ people and their families.
• Safe Schools for All is a coalition of LGBTQ+ supporting organizations that shares information on how rights of LGBTQ+ students in schools.
• Trans Athlete is a resource for students, athletes, coaches, and administrators to find information about trans inclusion in athletics at various levels of play.

For more youth-focused organizations, visit Youth Organizations | National.

Contact GLAD Answers for free and confidential legal information, assistance, and referrals. Complete the online intake form at GLADAnswers.org, email GLADAnswers@glad.org, or leave a voicemail at 800-455-GLAD.

Nondiscrimination: Along with other personal characteristics, Connecticut General Laws prohibit discrimination based on gender identity, sex, sexual orientation, and perceived sexual orientation in Connecticut public schools. You can find the law about “equal educational opportunity” and the characteristics protected from discrimination at GL Sec 10-25c. 

Anti-Bullying: Connecticut has strict anti-bullying requirements that schools must follow to protect students from a wide variety of bullying, be it physical, verbal, or online. You can find a comprehensive guide directed at parents here as well as updated versions of the law and information on the state’s ‘prevention and intervention’ strategy regarding bullying here. 

Guidance for Schools: The Connecticut State Department of Education has created guidance for schools on the Civil Rights Protections and Supports for Transgender Students. Learn more about this guide here. Advances in the law in this area are advancing rapidly. If you have specific questions about a particular matter, please contact an attorney.  

Learn more about youth rights in Connecticut on the following Know Your Rights pages:

• Bullying
• Discrimination
• GSAs/LGBTQ+ clubs
• Schools
• Transgender Students

If you as a student are or your child is experiencing bullying at least in part because of an LGBTQ+ status or a perceived LGBTQ+ status, you can take steps under both state and federal law to remedy the situation. And you can pursue both avenues at the same time. 

Connecticut Anti-Bullying & Harassment Protections 

First, it is important to understand what Connecticut considers bullying or harassment. The State of Connecticut defines bullying as: an act that is direct or indirect and severe, persistent or pervasive, which (A) causes physical or emotional harm to an individual, (B) places an individual in reasonable fear of physical or emotional harm, or (C) infringes on the rights or opportunities of an individual at school. “Bullying” shall include, but need not be limited to, a written, oral or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status, academic status, physical appearance, or mental, physical, developmental or sensory disability, or by association with an individual or group who has or is perceived to have one or more of such characteristics; 

“Cyberbullying” means any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications. 

Read more here. 

Second, consider whether you want to take action under the school’s anti-bullying or harassment policies, which should be available on the school or district website. If so, follow the steps from the school’s policies, keep copies/screenshots of emails and texts, and take notes of conversations with school staff to show that you have done what you are supposed to and that the school is on notice of your concerns.  

If the school is not investigating the bullying, press them to do so. “Connecticut school district safe school climate plans must incorporate a prevention and intervention strategy that may include, but is not limited to, implementation of positive behavioral interventions and supports or other evidence-based model approaches, school rules prohibiting bullying, adult supervision of selected areas of school campuses, individual interventions with students involved in bullying incidents, school-wide school climate training, parent engagement strategies, and culturally-competent school-based curriculum.” Read more here under the heading “What are the policy requirements for schools to prevent and respond to bullying behavior?” 

If you are not satisfied with the school’s response, consider filing a formal complaint as described here or in your school’s policy with your school’s principal as well as sending it to the superintendent, school board, etc. when applicable. Please note that this information is from December 2012 and the state of Connecticut is currently updating it.  

Another possibility is to contact HealthCare Advocates International which has an LGBTQ+ competency training program for CT schools that may be able to offer workshops the school administration and staff.  

GLSEN CT also works to ensure safe schools for all students, regardless of sexual orientation or gender identity.

You can find good student resources and updates regarding Health Services and Health Education from the state here. 

You may also choose to file a discrimination complaint with the Connecticut Commission on Human Rights and Opportunities.

US Harassment & Discrimination Protections for Students

Federal law is also a tool for addressing bullying and harassment.  When these behaviors are ignored or inadequately addressed, this may add up to discrimination or the denial of education opportunities based on sex, sexual orientation or gender identity, among other characteristics.   

You can raise concerns about your or your child’s experience of discriminatory anti-LGBTQ+ bullying, harassment, or other discrimination by contacting contact the U.S. Department of Education Office of Civil Rights in Boston to file a complaint. The OCR has the authority to investigate a complaint of discrimination on the basis of race, color, national origin, sex, disability, or age. Note that sexual orientation and gender identity discrimination are aspects of “sex” discrimination.  

Contact the Office of Civil Rights. 

Harassment and bullying because of a person’s LGBTQ+ identities likely also constitutes sex discrimination under Title IX protections. Read more about the US Department of Education’s updated guidance on Title IX.  

If you have questions about the specific situation you are experiencing or questions that have not been answered above, please reach out to GLAD Answers. 

• Follow the issues that come up in your school committee and town/city council
• Attend meetings when important issues are being discussed and even to participate in the public comment period in which School Board/Committee members listen to input from the public.  It is important that they hear support for good work and good arguments for why LGBTQ+ and race-based restrictions are bad educational policy for all students.
• Follow education, curriculum, staffing, policy, library and other issues in school board and local elections, or run for office yourself
• For support in talking about issues related to education and LGBTQ+ students, and more ways to take action, visit Campaign for Our Shared Future.

Organizations

• GLSEN Connecticut works to ensure safe schools for all students, regardless of sexual orientation or gender identity.
• The Commission on Human Rights and Opportunities works to eliminate discrimination through civil and human rights law enforcement and to establish equal opportunity and justice for all persons within the state through advocacy and education.
• Connecticut State Department of Education helps ensure equal opportunity and excellence in education for all Connecticut students.
• OutCT is dedicated to building a community through educational, cultural and social programming that promotes acceptance, tolerance and understanding of all sexual orientations and gender identities.

For more youth-focused organizations, visit Youth Organizations | Connecticut.

Additional Resources

Connecticut State Department of Education | Guidance on Civil Rights Protections and Supports for Transgender Students — Guidance for Connecticut school districts on the rights, responsibilities and best educational practices for transgender and gender non-conforming students.

GLSEN | School Climate for LGBTQ Students in Connecticut — Connecticut findings from the GLSEN 2019 National School Climate Survey.

Want to learn more about LGBTQ+ Equality in Connecticut? Visit the Movement Advancement Project’s Connecticut Equality Profile.

Nondiscrimination: Massachusetts General Laws prohibit discrimination based on gender identity, sex, sexual orientation, and perceived sexual orientation in Massachusetts public schools. You can read more under G.L. c. 76, sec. 5.

Anti-Bullying: Massachusetts has one of the strongest anti-bullying laws in the country. It has strict requirements that schools must follow to protect students from a wide variety of bullying, be it physical, verbal, or online. 

Guidance for Schools: The Massachusetts Department of Elementary and Secondary Education has created guidance for schools on the rights, responsibilities, and best educational practices for transgender and gender non-conforming students. Learn more about this guidance here.

Learn more on the following Know Your Rights pages:

• Bullying
• Discrimination
• GSAs/LGBTQ+ clubs
• Schools
• Transgender Students

If you as a student or your child is experiencing bullying because of an LGBTQ+ identity or a perceived LGBTQ+ identity, you can take steps under both state and federal law to remedy the situation. And you can pursue both avenues at the same time.

Massachusetts Anti-Bullying & Harassment Protections

First, it is important to understand what Massachusetts considers bullying or harassment. As the Attorney General summarizes,

The Massachusetts Anti-Bullying Law (G.L. c. 71, § 37O) and Student Anti-Discrimination Act (G.L. c. 76, § 5) require schools to take steps to prevent bias-related bullying and harassment by students and respond effectively when it occurs. Bullying and harassment are similar, but not identical, types of misconduct.

• Bullying generally includes any repeated, targeted behavior that harms a student or disrupts the school environment. Although not all bullying is bias-related, bullying often stems from or involves bias, prejudice, or hate. The law specifically protects against bullying based on sexual orientation, gender identity, race, national origin, religion, disability, and age.
• Harassment is conduct that creates, or contributes to the creation of, an intimidating or hostile environment for a student because of their race, color, religion, national origin, sex, gender identity, or sexual orientation.
• Like bullying, harassment can take many forms, including verbal statements, online or social media activity, graffiti, and violent or threatening physical conduct. Unlike bullying, harassment does not have to be repeated or targeted at a particular victim. A single, severe hate incident may create an intimidating or hostile environment—so too may a series or pattern of incidents. 

You can the full laws at G.L. c. 71, sec. 37O (e) and G.L. c. 76, sec. 5.

Second, consider whether you want to take action under the school’s anti-bullying or harassment policies, which should be available on the school website. If so, follow the steps from the school’s policies and keep copies/screenshots of emails and texts, as well as take notes of conversations with school staff, to show that you have done what you are supposed to and that the school is on notice of your concerns. 

If the school is not investigating the bullying, press them to do so. The anti-bullying law expects schools to have a policy providing “clear procedures for promptly responding to and investigating reports of bullying or retaliation.”

If you are not satisfied with the school’s response, consider contacting (1) the school district’s Superintendent (information on the school website) and/or (2) the Department of Elementary and Secondary Education’s (DESE) Safe Schools Program for LGBTQ+-related bullying. The Safe Schools Program is for LGBTQ+ students who need support and suggested strategies for dealing with the bullying. The Safe Schools program may be able to do an evaluation of the school and may offer trainings to administration and staff if they find it is not an LGBTQ+ safe environment. You can find the application for support here.

You may find more information about bullying laws from the Massachusetts Attorney General’s Office here. GLAD is among those who advocated for the anti-bullying law and have defended it in Court. Learn more about GLAD’s amicus brief in Doe v. Hopkinton Public Schools here.

US Harassment & Discrimination Protections for Students

Federal law is also a tool for addressing bullying and harassment.  When these behaviors are ignored or inadequately addressed, this may add up to discrimination based on sexual orientation or gender identity, among other characteristics. 

You can raise concerns about your or your child’s experience of discriminatory anti-LGBTQ+ bullying, harassment, or other discrimination by contacting contact the U.S. Department of Education Office of Civil Rights in Boston to file a complaint. The OCR has the authority to investigate a complaint of discrimination on the basis of race, color, national origin, sex, disability, or age. Note that sexual orientation and gender identity discrimination are aspects of “sex” discrimination. 

Contact the Office of Civil Rights.

Harassment and bullying because of a person’s LGBTQ+ identities may also constitute sex discrimination under Title IX protections. Read more about the US Department of Education’s updated guidance on Title IX. If your school is unsupportive and not taking action to end the bullying, you can also contact GLAD Answers.

Finally, Fenway Health offers free mental health support to LGBTQ+ people who have experienced harassment and may be able to offer your child support.

If you have questions about the specific situation you are experiencing or questions that have not been answered above, please reach out to GLAD Answers.

On January 23, 2023, the ACLU and GLBTQ Legal Advocates & Defenders (GLAD) sent a letter urging Massachusetts public school districts to protect students’ legal rights by rejecting censorship in school libraries.

Learn more here.

• Follow the issues that come up in your school committee and town/city council.
• Attend meetings when important issues are being discussed and even to participate in the public comment period in which School Board/Committee members listen to input from the public. It is important that they hear support for good work and good arguments for why LGBTQ+ and race-based restrictions are bad educational policy for all students.
• Follow education, curriculum, staffing, policy, library and other issues in school board and local elections, or run for office yourself.
• For support in talking about issues related to education and LGBTQ+ students, and more ways to take action, visit Campaign for Our Shared Future.

Organizations

• GLAD is involved in youth-related cases and advocacy work across the country.
  • In Massachusetts, GLAD filed a friend-of-the-court brief on behalf of the Massachusetts Superintendents Association and GLAD in support of a Ludlow public school. Learn more about Foote v. Town of Ludlow.
• GLSEN Massachusetts is a grassroots initiative, working locally in our community to ensure safe schools for all students, regardless of sexual orientation and gender identity.
• MassEquality works to ensure that everyone across Massachusetts can thrive each and every day without discrimination and oppression based on sexual orientation, gender identity, or gender expression.
• The Massachusetts Commission on LGBTQ Youth advocates for effective policies, programs, and resources for LGBTQ+ youth to thrive.
• The Massachusetts GSA Student Leadership Council creates and informs policy, promotes inclusive learning environments for all students, supports the development of leadership skills, and fosters statewide collaboration among LGBTQ students and allies.
• PFLAG ​is the nation’s largest organization dedicated to supporting, educating, and advocating for LGBTQ+ people and those who love them.
  • Greater Boston PFLAG
  • PFLAG Attleboro
  • PFLAG Cape Cod
  • PFLAG Franklin/Hampshire

For more youth-focused organizations, visit Youth Organizations | Massachusetts.

Additional Resources

GLSEN | 2021 National School Climate Survey — Flagship report on the school experiences of LGBTQ+ youth in schools.

MA Commission on LGBTQ Youth | Report and Recommendations for Fiscal Year 2023 — An in-depth report of MA’s educational and legislative policies in relation to LGBTQ+ youth.

Safe Schools Program for LGBTQ Students | Teacher & Administrator Resources — The following documents outline various appropriate guidelines for teachers and administrators who are working with LGBTQ+ youth:

• Guidance for MA Public Schools Creating a Safe and Supportive School Environment
• 2021-2022 Commissioner letter to district and school leaders about the Safe Schools Program for LGBTQ Students
• Guidance on Notifying Parents When a Student Has Been Bullied Based on Sexual Orientation or Gender Identity/Expression

Want to learn more about LGBTQ+ Equality in Massachusetts? Visit the Movement Advancement Project’s Massachusetts Equality Profile.