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).

Yes.  First, state law says that students, staff members and teachers all have the right to attend or work at a safe school, whether elementary, secondary or post-secondary (R.I. Gen. Laws § 16-2-17 and § 16-81-1).  These provisions empower schools to suspend or expel disruptive students.

The Rhode Island Department of Education’s guidance and model policies on bullying, teen dating violence and sexual violence explicitly acknowledge the role that sexual orientation, sex, disability, appearance, and clothing may play in bullying, and make clear the applicability of provisions relating to dating and sexual violence to students regardless of sexual orientation (see Guidance on Developing Required Policies Against Bullying, available at http://www.ripin.org/pdfs/ride_bully_policy_for_schools.pdf ; Guide to Preventing Bullying, Teen Dating Violence, and Sexual Violence, available at www.ricdsv.org/images/GuidePreventingBullyingTDVSVRhodeIslandSchools_4-1-2008.pdf).

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%

Technically, the policy covers exclusion from a public school or discrimination in taking advantage of school programs.  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.  It does not provide any mechanism for court or administrative enforcement of the policy.

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 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.

If all of these steps fail, you may also wish to consider legal action. Contact GLAD for attorney referrals.

In addition to the right to attend school in safety and free from discrimination and harassment based on your sexual orientation or gender identity or expression:

• LGBTQ youth must have equal access to and be allowed to participate on equal terms in all school programs, including extracurricular activities.

• Schools must respect the gender identity of transgender students, including using appropriate names and pronouns, and allowing transgender students to wear clothing consistent with their gender identity.

• LGBTQ youth have the right to be open about their sexual orientation and gender identity and expression.

• Students have the right to form extracurricular groups, such as Gay-Straight Alliances, on the same terms and with the same privileges and resources as all other extracurricular groups.

• LGBTQ students have the right to express themselves on issues relating to sexual orientation or gender identity and expression.

• Students have the right to learn about LGBT issues and have access to information and resources, including educational websites, about LGBT issues and people, regardless of objecting school officials or parents.

For additional information, see GLAD’s publication, Rights of LGBTQ Youth in RI.

GLAD has a brochure called, Rhode Island LGBTQ Student Rights Brochure.

We would be glad to mail you a printed version of this brochure.  Just contact GLAD Answers by email or live chat at www.GLADAnswers.org or by phone at 800-455-GLAD (4523).