Questions & Answers (Accurate as of December 02, 2009)
Harassment and Discrimination at School
Are there any laws protecting gay students in New Hampshire?
While there are no laws which explicitly protect students based on their sexual orientation, a law which became effective in January 2001 might be of assistance to students who are physically or verbally taunted because of their sexual orientation.
Under the Pupil Safety and Violence Prevention Act, each local school board must develop a “pupil safety and violence prevention policy” and the State School Board must prepare an advisory to help school districts implement their policies.100
In addition to developing policies, school employees or people who contract with schools are obliged to report incidents of harassment or bullying to the school principal which they themselves have seen or which they believe have occurred based on reliable information. The principal must report such incidents to the Superintendent. Harassment includes “insults, taunts, or challenges, whether verbal or physical in nature, which are likely to intimidate or provoke a violent or disorderly response…”.101 This law may provide the basis for more a more immediate and thorough response to harassment.
Are there other laws which may protect me from discrimination and harassment because of my sexual orientation?
Possibly. Under federal law, public schools which receive federal funds may not discriminate on the basis of sex. Sometimes, the harassment of a gay student will be sexual harassment forbidden by this federal law, known as Title IX. Complaints can be made to your school Title IX coordinator, as well as to the federal Dept. of Education, Office of Civil Rights, in Boston. A student’s constitutional rights may be violated by some kinds of discrimination and harassment.
What can I do if I’m being discriminated against at school?
There are many ways to approach the issue. One is to ask for support from a friend, teacher or counselor and talk to the people who are bothering you. That is not an option, however, if you don’t feel safe doing so.
Take a look at your school policies and notify whoever is supposed to be notified—usually a vice principal or Title IX coordinator. You should document any incidents of harassment or discrimination in writing. Once you meet with the right officials, make a note of what you told them and on what date and ask when they will be getting back to you with a response. If they don’t help you or don’t follow through, you may wish to write to the principal and superintendent and ask for them to end the discrimination.
You may also want to contact the State Dept. of Education at (603) 271-3494 or at http://www.ed.state.nh.us/. If you want to consider legal action against the town, contact GLAD.
Gay/Straight Alliances
Do students have the right to form Gay Straight Alliances in their schools even if the principal or community opposes it?
Students have broad rights to form groups. In particular, a federal law known as the “Equal Access Act” provides that secondary school students in schools that receive federal funding and have extra-curricular groups must allow students to form other extra-curricular groups without discriminating based on the religious, philosophical, political or other content of the speech at meetings. GLAD brought and won a case for students who wanted to start a Gay Straight Alliance at West High in Manchester, New Hampshire on this very basis.
Footnotes
100NH RSA 193-F:3, I; NH RSA 186:11, XXXVI
101NH RSA 193-F:3, II
