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Youth | Bullying | Rhode Island

Rhode Island Bullying Q&A

Are there any laws protecting LGBT students from bullying in Rhode Island?

Yes. In 2011, Rhode Island passed the “Safe Schools Act” that applies to all school districts, charter schools, career and technical schools and approved private day or residential schools in Rhode Island.

It defines “bullying” as written, verbal or electronic expression or a physical act or gesture or any combination thereof directed at a student by one or more students that:

  • causes or places the student in reasonable fear of physical or emotional harm or damage to the student’s property,
  • creates an intimidating, threatening, hostile or abusive educational environment,
  • infringes on the rights of the student to participate in school activities, or
  • disrupts the educational process or orderly operation of the school (R.I. Gen. Laws § 16-21-33(a)(1)).

The law identifies characteristics that may be reasonably perceived to have motivated the act of “bullying” as including race, color, religion, ancestry, national origin, gender, disability, sexual orientation and gender identity and expression (R.I. Gen. Laws § 16-21-33(a)(1)(v)).

The law goes on to define “cyber-bullying” as bullying through the use of technology or electronic communication (R.I. Gen. Laws § 16-21-33(a)(2)).

The law charges the Rhode Island Department of Elementary and Secondary Education (RIDE) to prescribe a statewide bullying policy that must be adopted by all the schools by June 30, 2012.  The policy must include:

  • procedures for students, staff, parents and others to report bullying,
  • procedures for promptly responding to and investigating reports of bullying or retaliation,
  • the range of disciplinary actions that may be taken,
  • a parental engagement strategy,
  • procedures for restoring a sense of safety for the student,
  • strategies for protecting a person who reports bullying or assists in the investigation,
  • procedures for promptly notifying the parents of both the perpetrator and victim,

procedures for providing appropriate counseling for the victim, perpetrator and others affected by the bullying (R.I. Gen. Laws § 16-21-34).

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

Yes. A Board of Regents Policy adopted in 1997 and revised in 2010 provides in part as follows:

. . .all students, without exception, have the right to attend a school in which they feel safe and able to express their identity without fear.  . . .certain students, because of their actual or perceived sexual orientation or gender identity/expression, have been subject to discrimination through abuse, harassment, bullying and/or exclusion from full participation in educational activities.

Therefore, it is the Policy of the Board of Regents that no student shall be excluded from any educational program or activity or discriminated against, bullied, or harassed in any public educational setting based upon actual or perceived sexual orientation or gender identity/expression. . .  This policy shall include but is not limited to admissions, guidance services, co-curricular and extra-curricular 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 based upon sexual orientation and/or gender identity/expression.  Each local school district is required by law to address harassment and bullying based on sexual orientation and/or gender identity/expression through the development and enforcement of appropriate student and staff behavior and disciplinary policies. . .

The Board of Regents policy can be found at: http://www.thriveri.org/documents/RIDE%20Policy%20Statement%