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Students' Rights in Vermont

Vermont law forbids discrimination in public schools on the basis of sexual orientation and gender identity.

Questions & Answers (Accurate as of December 10, 2009)

Harassment and Discrimination at School

As was mentioned in the section on Anti-Discrimination Law above, schools are considered places of public accommodation,¹¹⁹ and therefore they may not discriminate on the basis of sexual orientation or gender identity in their accommodations, advantages, facilities or privileges.¹²⁰  As a result, you may be able to pursue a complaint at the Human Rights Commission or in Superior Court.

The questions and answers that follow list other rights and protections for students.

Are there any state laws that protect me from discrimination and harassment at school because of my actual or perceived sexual orientation or gender identity?

Yes.  The Vermont Equal Educational Opportunity Act provides that the state must provide “substantially equal access” to education for all Vermont students.¹²¹ Also, since schools are considered public accommodations in Vermont, students are protected under the Public Accommodations Act.

What kinds of conduct does the law cover?

The law prohibits exclusion from a public school, discrimination in taking advantage of school programs, and student harassment.¹²²

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. 

Under Vermont law, “harassment in schools” means “...an incident or incidents of verbal, written, visual, or physical conduct based on or motivated by a student’s or a student’s family member’s actual or perceived...sex, sexual orientation, [or] gender identity…that has the purpose or effect of objectively and substantially undermining and detracting from or interfering with a student’s educational performance or access to school resources or creating an objectively intimidating, hostile, or offensive environment.”¹²³ Other protected classes under this law are race, creed, color, national origin, marital status and disability.

Harassment and discrimination are also explicitly prohibited at Vermont state colleges, which are required to establish policies and enforcement procedures to address discrimination complaints.¹²⁴

Are there other state laws that protect me from discrimination and harassment at school because of my or any of my family members’ actual or perceived sexual orientation or gender identity?

Yes. School boards are required to develop, adopt, ensure the enforcement of, and make available harassment and hazing prevention policies.¹²⁵ These policies must be at least as stringent as the model policy established by the Vermont Department of Education, which expressly prohibits discrimination based on sex, sexual orientation, and gender identity. The model policy can be found at http://education.vermont.gov/new/pdfdoc/pgm_safeschools/pubs/bullying_prevention_04.pdf

Are there federal laws that protect me?

Possibly.  Under federal law, public schools that receive federal funds may not discriminate on the basis of sex.  Sometimes, the harassment of a gay student will be sexual harassment or harassment based on a student’s failure to conform to a particular gender stereotype, both of which are forbidden by this federal law, known as Title IX.  Complaints can be made to your school Title IX coordinator, as well as to:

The U.S. Department of Education:
Office of Civil Rights
33 Arch Street, Suite 900
Boston, MA 02110-1491
(617) 289-0111
OCR.Boston@ed.gov  

Additionally, some kinds of discrimination and harassment may violate a student’s constitutional rights.

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. When harassed, if you feel safe, you may wish to speak to the perpetrators.

In addition, read 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.  Keep copies of all documentation for future reference.

At the same time, or after contacting the administration as set out above, you may want to contact the Safe Schools Program of the Vermont Department of Education.  This program is responsible for implementing initiatives related to the equal educational opportunities and anti-harassment provisions discussed above.  You can reach them at:

Safe Schools Program
Vermont Department of Education
120 State Street
Montpelier, VT 05620-2501
(802) 828-3130
http://www.state.vt.us/educ/new/html/pgm_safeschools.html

Alternatively, since schools are considered public accommodations in Vermont, you may want to file a complaint with the Vermont Human Rights Commission (see discussion of Public Accommodations above) or other legal action.  Contact GLAD for assistance and attorney referrals.

Gay/Straight Alliances

Do students have the right to form Gay Straight Alliances in their schools even if the principal or community opposes it?

Generally, yes.  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 at West High in Manchester, New Hampshire on this very basis. See more about this case at Manchester High GSA..

Footnotes

¹¹⁹9 V.S.A. § 4501. 
¹²⁰9 V.S.A. § 4502.
¹²¹16 V.S.A. § 1 et seq.
¹²²A recent case of student harassment decided by the Vermont Supreme Court is Washington v. Pierce, 179 Vt. 318, 895 A.2d 173 (2005).
¹²³16 V.S.A § 11 (26).
¹²⁴16 V.S.A. § 2182.
¹²⁵16 V.S.A. § 565.