Under Maine law, schools have an affirmative obligation to “prevent discrimination in . . . education . . . on account of . . . sex, sexual orientation or gender identity. . . or physical or mental disability.” Me. Rev. Stat. tit. 5, § 4552 (emphasis added). This obligation to be proactive is part of a larger commitment to safeguard “the basic human right to a life with dignity” and to “review all practices infringing on [that] basic human right.” Id. Maine law also provides that all students have the right to “safe, secure and peaceful” environments at school and requires schools to develop policies to prevent and address bullying. Me. Rev. Stat. tit. 20–A, § 6554. When schools fail to meet their obligations, students can bear the consequences of bullying, harassment, and discrimination—and schools can be held accountable by families of mistreated students.¹

Under both federal and Maine law, and under the U.S. and Maine Constitutions, students have a right to an education without regard to their sex, sexual orientation, gender identity or transgender status, physical or mental disability, ancestry, national origin, race, color, or religion.

This page was last updated September 2024. These pages are not legal advice; the law can be complicated, and how it applies to your situation will depend on specific circumstances. Please contact GLAD Answers with specific questions.

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• Summary
• Maine Law Overview
  • How does the Maine anti-discrimination law apply to education?
  • Which Maine schools are covered by the state nondiscrimination law?
  • How does Maine law define sexual orientation and gender identity or expression?
• Federal Law Overview
  • Are there any federal laws which forbid discrimination based on sexual orientation or gender identity or expression?
  • Which schools are covered by Title IX requirements?
  • What does the U.S. Department of Education say about discrimination against LGBTQ+ young people?
• Constitutional Law Overview
  • Fourteenth Amendment
  • First Amendment
• What Does it Mean to Say that a School May Not Discriminate Against a Student Based on their Sexual Orientation, Gender Identity, or Gender Expression?
  • Athletics
  • School Facilities
  • Names and pronouns
  • Student appearances
  • School and parent collaboration
  • GSAs
  • School Counseling
• Bullying and School Climate
  • Maine laws about bullying and harassment
  • Types of bullying prohibited
  • Where bullying is prohibited
  • School’s obligation under the anti-bullying law
  • What other laws require schools to create safe environments and prevent harm?
• Non-Legal Intervention
  • What can I do if I’m being discriminated against at school?
• Filing Complaints: Administrative and Legal Action
• Resources

Schools statewide include LGBTQ+ students, parents, faculty, and staff. Approximately 6.8 percent of adults in Maine identify as LGBT. See USA Today, What Percentage of the US Population Is LGBTQ?; Andrew R. Flores & Kerith J. Conron, The Williams Institute, Adult LGBT Population in the United States 2 (2023); see also Maine Department of Education and Department of Health and Human Services, Maine Integrated Youth Health Survey (MIYHS) High School Report 6 (2023). In fact, the school population includes students and families of many beliefs, backgrounds, and cultures.

• Be threatened or injured with a weapon on school property (2023 MIYHS p. 92)
• Not attend school due to fear of being unsafe at school or traveling to school (id. at 95)
• Be in a physical fight on school property (id. at 103)
• Be physically bullied and bullied online (id. at 160, 165)
• Receive offensive comments about their race or ethnicity and perceived sexual orientation or gender nonconformity on their way to or from school (id. at 135, 145, 150)

Bullying and harassment take a toll. Compared to their peers, the isolation and mistreatment of LGBTQ students make them more likely to have feelings of sadness and hopelessness that affect their ability to learn and function. Id. at 174. More LGBTQ students have also seriously contemplated, planned, or attempted suicide. Id. at 190, 195, 198.    

It doesn’t have to be this way. Public schools must be a place where all students can learn. LGBTQ+ students in Maine have a right to live as they are—openly and safely in our schools.

All students, including LGBTQ+ students, can engage and get more out of their school experiences when school administrators, staff, and teachers get to know them and their families and recognize they belong there as much as anyone else.² Learning about and supporting students and their families makes it clearer and easier to ensure nondiscriminatory treatment and equal opportunities for all students. Doing so improves school environments and educational outcomes for everyone.

This document outlines some of the laws that reinforce equal treatment for all students and require schools to prevent and respond to harassment, bullying and discrimination. In particular, this document covers:

• State and federal laws (including the Maine Human Rights Act, Maine’s anti-bullying law, and the federal Title IX) that protect students from discrimination, harassment, and bullying
• Constitutional protections that exist for all students, including LGBTQ+ students, including the First Amendment (which protects freedom of speech, expression, and religion) and the Fourteenth Amendment (which provides for equal protection of people under the law, among other things)
• Information related to common questions or issues that arise for LGBTQ+ students, including issues around names and pronouns, school facilities, athletics, student appearance, school counseling, GSAs, and engaging parents
• Options for students and families to address discrimination, harassment, and bullying when it does occur

Remember: As in most things, laws are words on paper unless also supported by action. In this context, actions include school leadership establishing and enforcing nondiscrimination and anti-bullying policies and practices, educators ensuring each student has what they need to thrive, and students and families collaborating with schools to build safe and supportive learning environments. Ideally, all stakeholders share the goal that all young people are valued and respected at school and able to obtain the education they richly deserve.

Educational opportunity is so fundamental to success in life that Maine has declared it to be a “civil right.” Me. Rev. Stat. tit. 5, § 4601. Maine has a proactive commitment to preventing discrimination in education.³ Me. Rev. Stat. tit. 5, § 4552.

The law applies to:

• All public schools. See  Me. Rev. Stat. tit. 5, § 4553(2-A);
• Any private schools that are approved to receive public funds for tuition purposes. (For requirements related to the approval of public funds for tuition purposes by private schools, see Me. Rev. Stat. tit. 20-A, § 2951); and
• All public post-secondary institutions in Maine, like community colleges and the University of Maine schools. See Me. Rev. Stat. tit. 5, § 4553(2-A) (definition of educational institution).

Exempted from complying with nondiscrimination requirements on the basis of sexual orientation or gender identity is any organization that is a “religious corporation, association or society that does not receive public funding[.]” Me. Rev. Stat. tit. 5, § 4602.

Maine law includes the following definitions:

• Sexual orientation: “a person’s actual or perceived heterosexuality, bisexuality or homosexuality.” Me. Rev. Stat. tit. 5, § 4553(9-C).
• Gender identity: “the gender-related identity, appearance, mannerisms or other gender-related characteristics of an individual, regardless of the individual’s assigned sex at birth.” Me. Rev. Stat. tit. 5, § 4553(5-C).

The Maine Human Rights Commission has elaborated on these definitions in its Memo on Interpretation of the Education Provisions of the MHRA (Jan. 13, 2016) (generally referred to as the MHRC 2016 Interpretive Memo), saying:

• Gender identity means “an individual’s sincerely held core belief regarding their gender, whether that individual identifies as male, female, a blend of both, neither, or in some other way” and whether they choose to use terms “such as, for example . . . ‘queer’, ‘genderqueer’, ‘bi-gender’, ‘intersex’ or ‘gender fluid’).” *
• Gender expression means “an individual’s external expression of their gender identity, through such means as clothing, hair styling, jewelry, voice, and behavior.” **
• Sexual orientation includes not only the orientations listed in Maine statute but all orientations, including (for example) those who identify as asexual.

* Note that terminology changes quickly, and many people now use the term “nonbinary.” See Williams Institute, Nonbinary LGBTQ Adults in the United States.

** Note that students whose gender expression is considered by some to be “gender non-conforming” are sometimes referred to as “gender expansive.” See PFLAG, National Glossary.

Yes. One of the most important is Title IX of the Education Amendments Act of 1972, which bans discrimination “on the basis of sex” in schools that receive federal funding. See 20 U.S.C. § 1681. (As discussed in the next section, this means that Title IX applies to public schools and to many private schools.)

Schools may not treat a person differently on the basis of their sex or otherwise limit access to opportunities on the basis of sex. See 34 C.F.R. § 106.31. Sex discrimination can include discriminatory discipline, harassment and sexual violence, and unequal access to educational resources or athletic opportunities on the basis of sex. Title IX also prohibits discrimination based on a student’s pregnancy or familial status. And schools that don’t respond appropriately to Title IX violations (specifically, schools that respond with “deliberate indifference”) may be held liable if sued by students or their families. See, e.g., Davis v. Monroe County Board of Education, 526 U.S. 629 (1999).

Title IX’s protections extend beyond students, also protecting school employees and parents/ guardians from discrimination on the basis of sex. See Office of Civil Rights, U.S. Department of Education, Sex Discrimination: Frequently Asked Questions (June 15, 2021). Since Title IX forbids schools from treating a person differently because of their “sex,” it also forbids treating a person differently because of their sexual orientation and gender identity and expression.

In 2020, in the case Bostock v. Clayton County, 140 S. Ct. 1731 (2020), the U.S. Supreme Court interpreted a provision of the Civil Rights Act called Title VII, which also prohibits discrimination on the basis of sex in the workplace. In that case, the Supreme Court ruled that Title VII’s protection against “sex” discrimination necessarily includes a protection against discrimination on the basis of sexual orientation or gender identity. Id. at 1741. As a result, laws like Title IX that prohibit sex discrimination are important protections for LGBTQ+ people as well. See, e.g., Grimm v. Gloucester Cty. Sch. Bd., 972 F.3d 586, 616 (4th Cir. 2020); Whitaker v. Kenosha Unified Sch. Dist. No. 1 Bd. of Educ., 858 F.3d 1034, 1049 (7th Cir. 2017); Grabowski v. Ariz. Bd. of Regents, 69 F.4th 1110, 1116 (9th Cir. 2023).

For more about Title IX, see more information below or visit the Department of Education’s page on Resources for LGBTQ+ Students.

Since the federal government provides funding for many schools, Title IX applies to all public schools and many private schools. Title IX also applies to all public colleges and universities and virtually all private colleges and universities. See Office of Civil Rights, U.S. Department of Education, Sex Discrimination: Frequently Asked Questions (June 15, 2021). Note that schools operated by religious organizations may opt out of Title IX’s protections. See 34 C.F.R. § 106.12(b). Students and parents should know that they have to do their own homework to learn this, because there is no legal requirement to provide notice to the staff, students or the public.

In 2024, the U.S. Department of Education issued regulations adopting a definition of “sex” consistent with Bostock—meaning the Department will interpret Title IX’s prohibition of discrimination “on the basis of sex” to include discrimination on the basis of sexual orientation and gender identity. See 34 C.F.R. § 106.10. Basically, this means that Title IX covers discrimination that occurs when LGBTQ+ people are prohibited from (or penalized for) doing something that others can permissibly do based on their sex assigned at birth – like dating a man or woman, or living and dressing as a man or woman. (For example, if a school allows a boy to hold his girlfriend’s hand in the hall, but disciplines a girl for holding her girlfriend’s hand, the school could be discriminating on the basis of sex – and that would be prohibited under Title IX.) The 2024 regulations also clarified a number of issues more broadly, such as the duty for schools to prevent, investigate, and address sex-based harassment for all students (including pregnant and parenting students).

As the Department of Education explained in earlier guidance (issued in 2021, prior to these new regulations), discrimination on the basis of sexual orientation and gender identity may include instances of “individuals being harassed, disciplined in a discriminatory manner, excluded from, denied equal access to, or subjected to sex stereotyping in academic or extracurricular opportunities and other education programs or activities, denied the benefits of such programs or activities, or otherwise treated differently because of their sexual orientation or gender identity.” Enforcement of Title IX of the Education Amendments of 1972 with Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County, 86 Fed. Reg. 32637 (June 22, 2021) at 32639. Schools with knowledge of conduct that may be sex discrimination are required to respond “promptly and effectively[.]” 34 C.F.R. § 106.44.   

When it comes to discrimination on the basis of sexual orientation or gender identity being sex discrimination, the new Title IX regulations are the same as past court decisions and guidance, but they are subject to ongoing litigation. Unfortunately, nearly half of the states have succeeded in blocking enforcement of the more complete and fair sexual harassment regulations. As a result, as of September 2024, the U.S. Department of Education is not allowed to enforce the new regulations in a number of states and in some Maine schools. This is a matter of ongoing dispute, and no court has had the final word on nationwide enforceability of the regulations yet. (Note that the litigation does not stop any schools from protecting LGBTQ+ students against discrimination and harassment voluntarily and/or to comply with other requirements; the lawsuit is only about the federal government’s ability to enforce the 2024 Title IX regulations against a school that is, for example, failing to prevent such harassment.) And no matter how the current lawsuits about the regulations turn out, Maine students are still protected against sex discrimination under the Title IX law (and remain protected under state law and the U.S. Constitution). This area of law is continuing to develop; students, families, and school staff can reach out to GLAD Answers for more information.

There are many ways the Constitution addresses the rights of students at schools – from locker searches to free speech to censorship. Contact GLAD Answers about these or other questions through our legal information line:

1-800-455-GLAD
www.gladanswers.org

In addition to state and federal laws, the U.S. Constitution protects youth on the basis of sexual orientation and gender identity. Important parts of the Constitution for LGBTQ students include:

The First Amendment is the source of the right to freedom of speech and freedom of expression. At public schools, students can exercise their right to speak (for example, about their identities or topics that are important to them) and to express themselves, with some limitations.

Courts have used the First Amendment to protect the rights of LGBTQ+ students in—for example—cases about taking a same-sex partner to prom, cases about students wearing clothes consistent with their gender identity or expression, and cases about students expressing support for LGBTQ+ people. See McMillen v. Itawamba Cty. Sch. Dist., 702 F. Supp. 2d 699 (N.D Miss. 2010); Fricke v. Lynch, 491 F. Supp. 381 (D.R.I. 1980); Gillman v. Sch. Bd. for Holmes Cty., 567 F. Supp. 2d 1359, 1361 (N.D. Fla. 2008).

The U.S. Supreme Court has said that schools can limit student speech in certain circumstances, including when the speech disrupts the educational environment, involves substantial disorder (or is anticipated to do so), or invades the rights of others. See Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 513 (1969). For example, a federal court that handles cases from parts of New England (including Maine) recently ruled that a school acted reasonably in prohibiting a student from wearing a t-shirt that the school believed was demeaning to transgender students, because the school predicted, based on its knowledge of the experiences of LGBTQ+ students, that it would meaningfully disrupt learning for some students. See L.M. v. Town of Middleborough, 103 F.4th 854 (1st Cir. 2024). Depending on the circumstances, schools may also be able to limit how teachers and other staff members express themselves. See Macrae v. Mattos, 106 F.4th 122 (1st Cir. 2024) (affirming lower court’s ruling in favor of a school that terminated a teacher after predicting her social media posts would cause in-school disruption).

What does it mean to say that a school may not discriminate against a student based on their sexual orientation, gender identity, or gender expression?

The MHRC says, “Students should be allowed to compete on single-sex/gender teams based upon their gender identity.”⁵ This guideline is subject to other laws and rules for interscholastic sports.

For example, the Maine Principals’ Association (“MPA”) regulates high school athletics and states that students may be eligible to participate in accord with their gender identity or their sex assigned at birth (but not both). Individual schools have the sole authority to “verify the student’s gender identity assignment” for the purpose of participation in MPA-sponsored events but may not request medical records or official documents to establish a student’s gender identity. Maine Principals’ Association 2024-2025 Handbook, 39-40. 

The National Collegiate Athletic Association (NCAA) regulates student participation in college sports. According to the NCAA’s transgender participation policy adopted in January 2022, the national governing body for each sport determines the rules governing competition by transgender student athletes. See NCAA Transgender Student-Athlete Participation Policy. This approach aligns with the policy of the International Olympic Committee. See id.

This is a fast-changing area; contact GLAD Answers for more information.

The MHRC says, “Students must be permitted to use the toilet, locker room, and shower facilities corresponding to their gender identity” including when their gender identity differs from their sex assigned at birth. This is also consistent with the Maine Law Court ruling in Doe v. Reg’l Sch. Unit 26, 86 A.3d 600 (Me. 2014) which held that a school violated the Maine Human Rights Act when it denied a transgender girl access to the girls’ bathroom. Federal courts across the country have ruled in favor of students in finding that schools violate the law when they prevent transgender students from using the bathroom consistent with their gender identity.⁶

In releasing new Title IX regulations, the U.S. Department of Education has further clarified that transgender students have a right to access sex-segregated spaces like bathrooms and locker rooms consistent with their gender identities. Nondiscrimination on the Basis of Sex, 89 Fed. Reg. 33818 (Apr. 29, 2024). Guidance from the National School Boards Association also has encouraged schools to expect federal regulations and guidance “that expressly require schools to allow students to use bathrooms and locker rooms that are consistent with their gender identity.” See National School Boards Association, Executive Order on Preventing and Combatting Discrimination Based on Gender Identity or Sexual Orientation (Jan.20, 2021), 2.

Schools can make arrangements to give any student—LGBTQ+ or not—the option to use facilities that provide extra privacy (like using a single-stall restroom or installing curtained changing areas in a locker room). It should go without saying that inappropriate conduct by any student of any type can and should be addressed. But schools may not require a student to use separate facilities based on their gender identity. Multiple federal courts have upheld policies permitting transgender students to use the bathrooms consistent with their gender identities against challenges arguing such policies violated the privacy rights of other students⁷

Many schools have policies that specify parents can request accommodation and/or make a plan with the student and school staff to ensure the student’s integration at school. These policies reflect the reality that schools—including teachers, coaches, and other staff—are obligated to ensure equal educational opportunity for all students and prevent discrimination. 

The Maine Human Rights Commission suggests that a student or parent give clear notice to their school, in writing, that they are requesting school personnel to use the student’s chosen name and pronouns. Then, going forward, the school and its staff “shall use the student’s preferred name and pronouns consistent with their gender identity” on all documents and in all communications. See Maine Human Rights Commission, Memo on Interpretation of the Education Provisions of the MHRA (Jan. 13, 2016). The only exception to this rule is the student’s official record, which must bear the student’s legal name unless changed by a court order. See id.

Given the legal obligation of public employees at schools to prevent discrimination and ensure a positive learning environment, this guidance also suggests employees are “required to address the student by the student’s chosen name and use pronouns consistent with the student’s gender identity.” See id. A school’s “pattern of refusal to acknowledge a student’s gender identity” as evidenced by a failure to use “their chosen name and pronouns” may constitute a violation of the Maine Human Rights Act. See id.

Students age 18 or over (or parents of students under age 18) may in some circumstances use the Federal Educational Rights and Privacy Act (FERPA) to request alteration of their name or gender marker on school records if they believe the records are inaccurate, misleading, or violate the students’ privacy rights. See 34 C.F.R. §§ 99.20, 99.7(a)(2)(ii). Parents or students age 18 or older also have the right to request a hearing to change the content of their school records, including the student’s name and pronouns. 34 C.F.R. § 99.21.

When a student is under age 18 and in some other circumstances, FERPA allows parents to access student records on request. Students often seek to use different names or nicknames or initials at school without problems. Students should strongly consider talking with a trusted adult at their school before asking for their records to be changed. Ideally, if students’ parents are unaware of their questioning or asserting a different gender, students would seek support from the person designated in a school policy on transgender students, such as the counselor or a social worker at school, to find a way to share this part of themselves with their parents or guardians.

In some cases, there may be challenges for a student, their parents or guardians, and their school in reaching agreement on what will best support the student. If you and your parent are in agreement and struggling to get your school to see your point of view, see GLAD’s suggestions on steps you can take together. 

Other times, students may be seeking support at school before they ask for it at home, and may ask schools for support in talking with their parent or guardian about any number of issues.   In situations where a parent or guardian may not agree with how their child expresses their gender identity or sexual orientation at school, the Maine Human Rights Commission recommends that schools should try, whenever possible, to follow students’ wishes while they are at school. In practice, schools will likely consider the student’s individual circumstances – such as the student’s age, maturity, school engagement, what the school is hearing from the student and from their family and any other relevant information about how to proceed.  

Just like students have certain rights under law, so do parents. And parents can monitor a child’s progress at home, on school portals, and by meeting with teachers or staff. Parents typically have strong relationships with their children and know them well enough that they can perceive when there is something they need to discuss. Many schools want to collaborate with parents as partners. Ideally, school staff and parents can reach out to one another to understand how to help each child succeed at school.  

When disagreements arise, it can be helpful to remember that parents and teachers, school administrators, and staff all want students to be happy, healthy, and successful – in and out of the classroom. Parents will always be teachers to their children. And while parents can and do teach their values to their children at home, schools have to manage their students and school operations. This is why courts overwhelmingly reject claims that parents can direct schools’ day-to-day practices based on their beliefs about how educators should do their jobs.   

A federal law called the “Equal Access Act” (“EAA”) says that if a secondary school allows at least one noncurricular student group to meet during noninstructional time (like before or after school, or at lunch), the school cannot deny equal access to students wishing to meet on the basis of the “religious, political, philosophical, or other content of the speech” at their meeting. 20 U.S. Code § 4071. Groups must be student-initiated and student-led, even if they have an adult advisor. For example, schools cannot discriminate against a Gender & Sexuality Alliance (GSA) just because it addresses issues related to LGBTQ+ students.⁸

A school may limit any noncurricular club when its own activities substantially disrupt the school environment. However, community opposition is not a basis for limiting a club formed under the EAA.

School counselors and social workers are required by law to keep confidential any information a student shares with them as part of being counseled. See Me. Rev. Stat. tit. 20-A, § 4008. There are some exceptions to this (e.g. if the counselor believes there is “clear and imminent” danger to the student or others, or if they are required to make a report related to child abuse or neglect). Students can ask their school counselor or social worker to explain when they would have to give information to another adult.

Maine passed a comprehensive anti-bullying law in 2012. See Me. Rev. Stat. tit. 20-A, § 6554. Additionally, the Maine Human Rights Act, discussed above in the overview of Maine law, protects students’ right to freedom from discrimination in education. See Me. Rev. Stat. tit. 5, § 4601. Bullying and harassment on the basis of sexual orientation, gender identity, and other protected characteristics can also violate the Maine Human Rights Act, depending on the nature and severity.

Maine’s comprehensive anti-bullying law prohibits bullying on school grounds and sometimes off school grounds when the behavior is tied to the rights of the student at school. See Me. Rev. Stat. tit. 20-A, § 6554(3).

Schools are unique environments where the focus is on young people’s safety, learning, and success. The anti-bullying law enshrines that aspiration by declaring: “All students have the right to attend public schools that are safe, secure and peaceful environments.” Id.

Additionally, the U.S. Supreme Court has recognized that schools have a significant interest in regulating “serious or severe bullying or harassment targeting particular individuals[.]” Mahanoy Area Sch. Dist. v. B.L., 594 U.S. 180, 188 (2021).

The MDOE website includes information about the state’s anti-bullying law and policies, as well as data reported to the state about bullying incidents and tools for prevention.

Bullying often overlaps with harassment and discrimination, and the Legislature thought it important to clarify that whatever it is called, it is not acceptable to single out people because of their “personal characteristics.” The anti-bullying law is broader than the nondiscrimination law and forbids bullying based on:

“A student’s actual or perceived race; color; religion; national origin; ancestry or ethnicity; sexual orientation; socioeconomic status; age; physical, mental, emotional or learning disability; gender; gender identity and expression; physical appearance; weight; family status; or other distinguishing personal characteristics.” See Me. Rev. Stat. tit. 20-A, § 6554(2)(B)(3) (emphasis added).

It also prohibits bullying based on a student’s association with someone who has one or more of these actual or perceived characteristics. See Me. Rev. Stat. tit. 20-A, § 6554(2)(B)(3). And finally, the law forbids bullying even when it is not based on any of these characteristics.

Bullying includes, but is not limited, to any communication (written, oral, or electronic) or physical act or gesture that:

1. Harms you or your property, or places you in a reasonable fear of harm;
2. Creates an intimidating or hostile school environment; or
3. Interferes with your academic performance or ability to participate in school activities. See Me. Rev. Stat. tit. 20-A, § 6554(2)(B)

The law prohibits bullying on school grounds—which include, in addition to the school and its surrounding property:

1. School-related transportation vehicles;
2. Other properties where school-sponsored activities, functions, programs, instruction, or training take place; and anywhere else or “through the use of technology” if that bullying interferes with a student’s participation or performance at school or creates a hostile environment at school for the student. Me. Rev. Stat. tit, 20-A, §§ 6554(2)(B)(2), 6554(2)(E), 6554(3), 6554(4)(B).

The law requires schools to take affirmative steps to address the problem of bullying. Schools must develop policies and procedures to prevent bullying and cyberbullying and to address it when it does occur. See Me. Rev. Stat. tit. 20-A, § 6554(5-9). And when bullying does happen, school staff members, coaches, and advisors are required to report it to the school principal or other appropriate personnel.

The school must have a process for communicating to the parent(s) of a student who has been bullied the steps taken by the school to ensure the safety of the student and to prevent further acts of bullying. The school also has to provide harm-reduction services and referrals for all students involved in incidents of bullying. Schools that fail to protect students from anti-LGBTQ+ bullying, harassment, and discrimination harm young people, their families and their communities. They also expose themselves to legal liability.⁹

As discussed above, federal law (including Title IX) and the Maine Human Rights Act protect the rights of students to learn without discrimination. Title’s IX’s prohibition of sex-based harassment includes conduct that is “so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from” their education program or activity—in other words, conduct that creates a hostile environment. 34 C.F.R. § 106.2. The Educational Opportunities Section of the Civil Rights Division at the U.S. Department of Justice and the Office for Civil Rights at the U.S. Department of Education have affirmed that they will enforce the law when schools do not meet their obligations by failing to ensure a safe school environment for all students, including LGBTQ+ students, in all aspects of education. See U.S. Department of Justice & U.S. Department of Education, Confronting Anti-LGBTQ+ Harassment in Schools (2021). See also U.S. Department of Education, Title IX and Sex Discrimination (2021).

Similarly, the Maine Human Rights Commission says that bullying that is based on a protected class (which includes sex, sexual orientation, and gender identity) and that creates a hostile environment may be discrimination prohibited by the Maine Human Rights Act (depending on the specific circumstances). See Maine Human Rights Commission, Student Rights Under the Maine Human Rights Act.

Parents and students may be able to request student support plans to address specific student needs.

Additionally, some students and families may want to explore building support for the student through a preexisting Individualized Education Program (IEP) or 504 plan, or setting up such a plan for a student who does not have one yet. Schools have an obligation to create a nondiscriminatory environment for students, regardless of whether they have a 504 plan, IEP, or other support plan. However, in some circumstances, setting up a plan for specific accommodations or support may be helpful. For example, plans could provide for use of the student’s chosen name and access to the appropriate restrooms, or stress breaks for a student dealing with anxiety. These types of plans may be beneficial even when a school is supportive of a transgender student, and some plans (like a 504 or IEP) can be useful to have developed in case the student ever moves to a different school.¹¹

Does the discrimination, bullying, or harassment rise to a level where you are unsafe at school, are unable to participate in or focus on your classes, or are avoiding school or activities at school? If so, look at your school policies (such as your student handbook or school nondiscrimination policy) and be sure to follow the guidance about whom to notify and how. This person could be, for example, a vice principal or Title IX coordinator or others. Share the dates, location, participants, and circumstances surrounding the incident(s) as best as you can. It is difficult for anyone to remedy your situation without knowing about it. Schools are required to take remedial action to address bullying, harassment, and discrimination, and can face liability if they are deliberately indifferent to complaints. Davis v. Monroe County Board of Education, 526 U.S. 629 (1999).

Be sure to keep track, in writing, of what you share with school officials. For example, if you meet with a staff person who is looking into the situation, write yourself notes about when you met, what you shared with them, and what they said about options and about getting back to you with a response. It is always helpful to have a written record – including all electronic communications—so that there is no confusion later.

If the people who are supposed to help do not, or don’t follow through, you may wish to write to the principal and superintendent and ask for action to end the troubling behaviors so that you can go back to participating fully at school.

There are several processes to file a complaint or take legal action against schools that engage in or fail to prevent or address bullying, harassment, and discrimination. Which option is most appropriate for you may depend on your specific circumstances, including the nature of the problematic incident(s) and which, if any, law(s) you think have been violated. In some cases, there may be multiple options available.

Maine’s anti-bullying law does not provide you with a legal mechanism to sue other students or teachers for incidents of bullying. However, you may file a complaint of discrimination or harassment under the Maine Human Rights Act or Title IX against your school and its leaders if your school fails to respond to and rectify bullying, discrimination, and harassment. Before filing a complaint of discrimination, you need to notify the school administration and give them the opportunity to address the situation.

You may contact the Maine Department of Education for further information at (207) 624-6600 (ask for the Affirmative Action Officer).

If you believe your rights have been violated under Maine’s anti-discrimination law, you may file a complaint with the Maine Human Rights Commission. (Students under age 18 will need to have their parent/guardian file the complaint). You should file the complaint within 300 days of the date of the discrimination. See 5 M.R.S. § 4611.

Complaints should be sent to:

Maine Human Rights Commission
51 State House Station Augusta, Maine 04333
www.maine.gov/mhrc/file

If you believe your rights under Title IX have been violated, you can make a complaint to your school’s Title IX coordinator. You can also file a complaint with the federal Department of Education (below). Complaints to the DOE should be filed within 180 days of when the discrimination or harassment occurred.¹²

Office for Civil Rights, Boston Office
U.S. Department of Education
400 Maryland Avenue, SW Washington, DC 20202-1100
www2.ed.gov/about/offices/list/ocr/complaintintro.html

If all these actions fail, you may also wish to consider legal action. This area of the law is complicated as well as emotionally challenging. You may contact GLAD for further information and attorney referrals.

GLAD Answers
(800) 455-GLAD (4523)
www.glad.org

Maine Human Rights Commission
(207) 624-6290
www.state.me.us/mhrc

Maine Department of Education
(207) 624-6600
www.maine.gov/doe

U.S. Dept. of Education Office for Civil Rights
(617) 289-0111
OCR.Boston@ed.gov
https://www2.ed.gov/about/offices/list/ocr/index.html

GLAD’s webpage on student rights

GLBTQ Legal Advocates & Defenders (GLAD)
GLAD Answers: (800) 455-GLAD (4523)
www.gladanswers.org
General: (617) 426-1350
www.glad.org

OUT Maine
(800) 530-6997
info@outmaine.org
www.outmaine.org

Equality Maine
(207) 761-3732
www.equalitymaine.org

Maine Transgender Network
https://www.mainetrans.net/
info@mainetransnet.org

PFLAG Portland
https://pflagportlandmaine.org
portlandmainepflag@gmail.com

New Beginnings
(207) 795-4077
www.newbeginmaine.org

Portland Outright
(207) 558-2429
www.portlandoutright.org

Outright LA
(207) 795-8956
www.outrightla.org

Trans Youth Equality Foundation
(207) 478-4087
contact@transyouthequality.org

Maine School and Student Support

Maine School Safety Center

LGBTQ+ and Gender Resources

Other Resources

Frannie Peabody Center
HIV Testing: (207) 749-6818
prevention@peabodycenter.org

Maine Youth Action Network
www.myan.org

Maine Coalition to End Domestic Violence (MCEDV)
HelpLine: (866) 834-HELP (4357)
General: (207) 430-8334
info@mcedv.org
www.mcedv.org

Maine Coalition Against Sexual Assault (MECASA)
800-871-7741
www.mecasa.org