Does Maine have an anti-bullying law that protects public school students?

Yes. In 2012 Maine passed a law, “An Act To Prohibit Bullying and Cyberbullying in Schools” (available at: http://www.mainelegislature.org/legis/bills/bills_125th/chapters/PUBLIC659.asp).

  The Act defines bullying as any communication (written, oral or electronic) or physical act or gesture that:

  1. harms or seriously threatens you or your property;
  2. creates a hostile school environment; or
  3. interferes with your academic performance or ability to participate in school activities.

The law identifies certain characteristics that are often a target for bullying, including actual or perceived race sexual orientation or gender identity and expression or association with another person with one or more of these actual or perceived characteristics.

By January 1, 2013, the Maine Department of Education must develop a model policy that must include:

  • A requirement that school staff report bullying and procedures for school staff, students, parents and others to report bullying;
  • A procedure for promptly investigating and responding to incidents of bullying, including written documentation of incidents and the outcome of investigations;
  • A process for communicating with the parent(s) of a student who has been bullied the measures taken to ensure the safety of the student and to prevent further acts of bullying;
  • Each school’s anti-bullying policy must be as stringent as the model policy and must be widely published and disseminated in written form annually to all students, parents and staff.
  • Each school shall provide staff training in the best approaches to implementing the anti-bully policy.

Can schools regulate anti-bullying policies outside of school grounds?

Yes, the U.S. Supreme Court in Mahanoy Area School Dist. v B. L. in addition to concluding that students have broad speech and expression rights outside of school, also stated:

“Circumstances that may implicate a school’s regulatory interests [outside school] include serious or severe bullying or harassment targeting particular individuals; threats aimed at teachers or other students…”

Does Maine have guidance schools should follow to protect transgender students?

There is no statewide guidance, but numerous school districts have created policies on the rights, responsibilities, and best educational practices for transgender and gender non-conforming students.

Here is the policy of the Portland Maine schools for transgender and gender-expansive students:  1) foster a learning environment that is safe, affirming, and free from discrimination, harassment, and bullying for all students; and 2) assist in the educational and social integration and development of transgender and gender expansive students in our schools.

Does the Maine anti-discrimination law also protect students?

Yes. The state anti-discrimination law specifically protects students in public and private schools and post-secondary institutions or educational programs from discrimination based on sexual orientation, including gender identity and expression, in any academic, extracurricular, athletic, research, occupational training, or other program or activity. It also protects students during the admissions process and in obtaining financial aid. For more information about the Maine anti-discrimination law and how to file a discrimination complaint, see the “Discrimination” Issue Area.

Are any educational institutions exempt from the law?

Yes. Any educational facility owned, controlled, or operated by “a bona fide religious corporation, association or society” is exempt (5 Me. Rev. Stat. sec. 4602).

What can I do if I’m being discriminated against or bullied 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 with at least the date and time. Once you meet with the right officials, write yourself notes about 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 this fails, you may also wish to consider legal action against the town by contacting the Maine Human Rights Commission or the federal Department of Education Office of Civil Rights.

This is a complicated area of law as well as being emotionally challenging. Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 800-455-4523 (GLAD) to discuss options.