Youth | Schools | Connecticut

All Connecticut public school students have the right:

• To be safe in school without being bullied,
• To access information about LGBTQ+ subjects including educational websites,
• To dress and present yourself in a manner consistent with your gender identity,
• To free speech and expression. This means you have the right to express ideas that may offend other people and you have the right to disagree with others, as long as you express those ideas in a respectful way.

All Connecticut public and many private school students have the right:

• To be protected from discrimination or harassment based on sexual orientation, gender identity or expression or HIV status,
• To form a Gay/Straight Alliance (GSA) that gets treated the same as every other non-curricular group. This means equal funding, access to facilities, and the ability to choose your group’s name.

Outside of school you have the right:

• To be protected from discrimination based on your actual or perceived sexual orientation, HIV status, or gender identity in employment, housing, and public accommodations (like restaurants or stores).
• To give your own consent to get tested for HIV without your parents’ permission. For more specific information, see the “HIV/AIDS” Issue Area.
• To report to the police anyone in or out of school who physically harms you, threatens you, or vandalizes your property.

Federal law also protects you from discrimination at school

You are protected from discrimination in public schools or other schools that receive federal funding because of Title IX. Title IX is a federal civil rights law, and it prohibits discrimination based on sex – including sexual orientation or gender identity – across the country.

Yes. Connecticut public schools must allow all children an equal opportunity to participate in school regardless of their sexual orientation, gender identity, and gender expression (Conn. Gen. Stat. 10-15c).

Technically, the law only requires that schools give students equal opportunity to participate in activities, programs, and courses of study. It does not explicitly prohibit harassment or discrimination, although both would likely violate the spirit of the law.

Furthermore, at this time, the law contains no mechanism for students or their parents to bring a lawsuit for violations of the law (see McPhail v. City of Milford, 1999 Conn. Super. LEXIS 428 (1999) (student could not maintain private right of action because statute was to be enforced specifically by the state board of education)).

Possibly. Federal law prohibits sex discrimination in public schools that receive federal funding. Depending on the situation, harassment of LGBT students may be actionable as sex discrimination (See, e.g., Ray v. Antioch Unified School District, 107 F. Supp. 2d 1165 (N.D. Cal. 2000) (stating that attacks based on a student’s perceived sexuality constitute sex discrimination)). Harassment of transgender students in particular is actionable. Several federal courts have held that the federal anti-discrimination law, Title IX, prohibits discrimination based on gender identity (See, e.g., Whitaker v. Kenosha Unified School District No. 1 Bd. of Educ., 2017 U.S. App. LEXIS 9362 (7th Cir. 2017); cf. Bd. of Educ. v. U.S. Dep’t of Educ., 2016 U.S. Dist. LEXIS 131474 (S.D. Ohio 2016)).

Complaints can be made to your school Title IX coordinator, as well as to:

Office of Civil Rights
The U.S. Department of Education
John W. McCormack Post Office & Courthouse, Room 222
Post Office Square
Boston, MA 02109

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

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’s policies and notify whoever is supposed to be notified – usually a vice principal or Title IX coordinator. You may wish to 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 superintendent and school board and ask them to end the discrimination.

At the same time, or after contacting the administration as set out above, you may want to send a copy of your complaint to the State Dept. of Education. While they do not have an explicit policy on complaints and they have no obligations under the non-discrimination law, you could request that they intervene on your behalf. Contact Office of Public Information, Conn. State Dept. of Education, 165 Capitol Ave., Hartford, CT  06145. Their phone number is (860) 566-5677 and their website is http://www.state.ct.us/sde/

If the above methods fail to stop the discrimination, you may also wish to consider taking legal action. Contact GLAD Answers for attorney referrals.

Yes. The law improved significantly in 2011 with the passage of Public Act 11-232, An Act Concerning the Strengthening of School Bullying Laws (Conn. Gen. Stat. sec. 10-222d). Per the law, bullying is defined as repeated written, oral, or electronic communication, or physical acts or gestures by one or more students repeatedly directed at another student, that:

• causes the bullied student physical or emotional harm or damages their property;
• places the bullied student in reasonable fear of being harmed;
• creates a hostile school environment for the bullied student;
• infringes on the bullied student’s rights or substantially disrupts the education process or the school’s orderly operation.

The law also recognizes that students who are LGBT or are perceived to be LGBT or who associate with LGBT students are often the target of bullying (Conn. Gen. Stat. sec. 10-222d(a)(1)).

Per the law, each school board must develop a “safe school climate plan” that:

• prohibits bullying on school grounds, at a school-sponsored or school-related activity, at a school bus stop or on a school bus, through electronic means (i.e. cyberbullying)
• prohibits discrimination and retaliation against an individual who reports or assists in the investigation of an act of bullying
• enables students to anonymously report acts of bullying
• enables parents to file written reports of suspected bullying
• requires school employees who witness bullying or receive reports of bullying to report it
• requires schools to investigate all reports of bullying and have a prevention and intervention strategy
• requires that both the parents of the bully and the parents of the victim be notified about bullying and told about the measures the school has chosen to take in response
• requires the school to notify the police about any acts of bullying that may constitute criminal conduct
• requires schools to maintain a publicly available list of the number of verified bullying incidents and to report this annually to the Connecticut State Department of Education
• requires all school employees to complete annual training on identifying, preventing and responding to bullying and to youth suicide.

Yes. The law improved significantly in 2011 with the passage of Public Act 11-232, An Act Concerning the Strengthening of School Bullying Laws (Conn. Gen. Stat. sec. 10-222d). Per the law, bullying is defined as repeated written, oral, or electronic communication, or physical acts or gestures by one or more students repeatedly directed at another student, that:

• causes the bullied student physical or emotional harm or damages their property;
• places the bullied student in reasonable fear of being harmed;
• creates a hostile school environment for the bullied student;
• infringes on the bullied student’s rights or substantially disrupts the education process or the school’s orderly operation.

The law also recognizes that students who are LGBT or are perceived to be LGBT or who associate with LGBT students are often the target of bullying (Conn. Gen. Stat. sec. 10-222d(a)(1)).

Per the law, each school board must develop a “safe school climate plan” that:

• prohibits bullying on school grounds, at a school-sponsored or school-related activity, at a school bus stop or on a school bus, through electronic means (i.e. cyberbullying)
• prohibits discrimination and retaliation against an individual who reports or assists in the investigation of an act of bullying
• enables students to anonymously report acts of bullying
• enables parents to file written reports of suspected bullying
• requires school employees who witness bullying or receive reports of bullying to report it
• requires schools to investigate all reports of bullying and have a prevention and intervention strategy
• requires that both the parents of the bully and the parents of the victim be notified about bullying and told about the measures the school has chosen to take in response
• requires the school to notify the police about any acts of bullying that may constitute criminal conduct
• requires schools to maintain a publicly available list of the number of verified bullying incidents and to report this annually to the Connecticut State Department of Education
• requires all school employees to complete annual training on identifying, preventing and responding to bullying and to youth suicide.