Students' Rights in Rhode Island

Rhode Island law says that students, teachers and staff have the right to attend or work at a safe school.

Questions & Answers (Accurate as of December 8, 2010)

Harassment and Discrimination at School

Are there any laws protecting gay, lesbian, bisexual and transgender students in Rhode Island?

Yes. Although there are no statewide laws that explicitly address discrimination or harassment based on sexual orientation or gender identity and expression in schools, several provisions provide students with protections against violence, bullying, and hazing.

First, state law says that students, staff members and teachers all have the right to attend or work at a safe school, whether elementary, secondary or post-secondary. 94 These provisions empower schools to suspend or expel disruptive students.

Second, all school districts are required to establish policies prohibiting harassment, intimidation and bullying, and addressing prevention of and education about those prohibited behaviors. “Harassment, intimidation and bullying” is defined as:

an intentional written, verbal or physical act or threat of a physical act that, under the totality of circumstances:

  1. A reasonable person should know will have the effect of: physically harming a student, damaging a student’s property, placing a student in reasonable fear of harm to his or her person, or placing a student in reasonable fear of damage to his or her property; or
  2. Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for a student.95

The Rhode Island Department of Education’s guidance and model policies on bullying, teen dating violence and sexual violence explicitly acknowledge the role that sexual orientation, sex, disability, appearance, and clothing may play in bullying, and make clear the applicability of provisions relating to dating and sexual violence to students regardless of sexual orientation.96

Are there other sources of protection for LGBT students in Rhode Island?

Yes. A Board of Regents Policy adopted in 1997 provides in part as follows:

... Certain students, because of their actual or perceived sexual orientation, have been subject to discrimination through abuse, harassment, or exclusion from full participation in educational activities. . . . The Board also recognizes that all students, without exception, have the right to come to school and feel safe.

Therefore, it is the Policy of the Board of Regents that no student shall be excluded from, discriminated against, or harassed in any educational program, activity or facility in a public school on account of sexual orientation or perception of same. The policy shall apply to admissions, guidance, recreational and extra-curricular activities as well as all public educational programs and activities.

Each local school district is urged to review programs, services and activities to assure that such offerings are conducted in a manner that is free of inadvertent or intentional bias. Each local school district is also urged to prohibit harassment based on sexual orientation through the development and enforcement of appropriate student and staff behavior and disciplinary policies…

The Board of Regents policy is available from GLAD or from the Department of Education, Chief Legal Counsel (401) 222-4600 x 2507.

What kinds of conduct does the policy cover?

Technically, the policy covers exclusion from a public school or discrimination in taking advantage of school programs. A school may not be so bold as to say, “Don’t come here,” or “You can’t take track,” but if they fail to redress pervasive harassment against you at school or in a particular class or activity, they may have said so in effect. It does not provide any mechanism for court or administrative enforcement of the policy.

Are there other laws which may protect me from discrimination and harassment because of my sexual orientation?

In some cases, other laws may help you to combat harassment. 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 Department of Education, Office of Civil Rights, in Boston.

A student’s constitutional rights under both state and federal constitutions may be violated by some kinds of discrimination and harassment as well.

In addition, under state law, every post-secondary school is to establish a written policy concerning sexual harassment. 97 Also, post-secondary schools that have received internal complaints of harassment based on sexual orientation or gender identity and expression are required to disclose to the complainant in a timely manner how the complaint was addressed and what actions, if any, were taken to resolve the matter. 98 Neither of these laws provides a mechanism for court enforcement.

As well, state law prohibits hazing, subjecting both the perpetrators of hazing and school officials who knowingly permit hazing to criminal liability. Hazing is defined as “any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person.” 99

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.

If all of these steps fail, you may also wish to consider legal action against the school district. Contact GLAD for attorney referrals.

Other Rights of Public School Students

In addition to the right to attend school in safety and free from discrimination and harassment based on your sexual orientation or gender identity or expression:

  • LGBTQ youth must have equal access to and be allowed to participate on equal terms in all school programs, including extracurricular activities.
  • Schools must respect the gender identity of transgender students, including using appropriate names and pronouns, and allowing transgender students to wear clothing consistent with their gender identity.
  • LGBTQ youth have the right to be open about their sexual orientation and gender identity and expression.
  • Students have the right to form extracurricular groups, such as Gay-Straight Alliances, on the same terms and with the same privileges and resources as all other extracurricular groups.
  • LGBTQ students have the right to express themselves on issues relating to sexual orientation or gender identity and expression.
  • Students have the right to learn about LGBT issues and have access to information and resources about LGBT issues and people, regardless of objecting school officials or parents.

For additional information see GLAD’s publication, Rights of LGBTQ Youth in Rhode Island.

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 several legal tools available if they wish to form a Gay/Straight Alliance or club in their public school. 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. According to both this law and general First Amendment principles, school administrators must respond consistently to all requests for the formation and funding of extracurricular clubs, even if they do not agree personally with the content or have concerns about the community’s reaction to its formation. A school cannot, on those bases, condition a club’s formation on the students’ willingness to change the club’s name, restrict the club’s access to school facilities that all clubs may access (i.e., meeting space, bulletin board or website space, yearbook entries, ability to announce activities), or establish different requirements for funding or staffing. GLAD successfully intervened on behalf of students seeking to form a GSA at South Kingston High School on this very basis.

Resources

In addition to the resources listed above, you may wish to contact:

  • Youth Pride, Inc. at (401) 421-5626 or http://www.youthprideri.org
  • Youth Talkline at (800) 96YOUTH
  • Parents & Friends of Lesbians and Gays (PFLAG)
  • Greater Providence Chapter: (401) 751-7571, http://www.pflagprovidence.org
  • South/Central Rhode Island Chapter: (401) 219-0265, http://www.pflagscri.org
  • Rhode Island Department of Education at (401) 222-4600
  • GLSEN (Gay, Lesbian & Straight Education Network) to find out more information about local Rhode Island resources: (212) 727-0135 or glsen@glsen.org

Footnotes

96 R.I. Gen. Laws, §§ 16-2-17, 16-81-1.
97 R.I. Gen. Laws § 16-21-26.
98 See Guidance on Developing Required Policies Against Bullying; Guide to Preventing Bullying, Teen Dating Violence, and Sexual Violence.
99 R.I. Gen. Laws, §§ 16-76-1, 16-76-2.
100 R.I. Gen. Laws, § 16-76.1-1.
101 R.I. Gen. Laws, §§ 11-21-1, 11-21-2.