Questions & Answers
Harassment and Discrimination at School
Are there any laws protecting gay and transgender students in Connecticut?
Yes. Conn. Gen. Stat. 10-15c was amended in 1997 to add “sexual orientation” to the list of characteristics upon which discrimination is forbidden in public schools.
It provides that:
“The public schools shall be open to all children five years of age and over… and each such child shall have, and shall be so advised by the appropriate school authorities, an equal opportunity to participate in the activities, programs and courses of study offered in such public schools, . . . without discrimination on account of race, color, sex, religion, national origin or sexual orientation . . .”
What kinds of conduct does the law cover?
Technically, the law addresses equal opportunity with respect to activities, programs and courses of study. While a school would not likely say, “Don’t come here,” or “You can’t take track,” their actions may imply as much. For example, if a school fails to redress pervasive harassment against you at the school generally or in a particular class or activity, this may violate the letter of the non-discrimination law. At this time, the student rights law does not itself contain a mechanism for lawsuit based on violations of the law, but it may nonetheless prove to be the source of a private right of action. In any event, the law is a powerful tool in advocating for change in a school to institute training programs and to deal with problems when they arise.
Are there other laws, which may protect me from discrimination and harassment because of my sexual orientation?
Possibly. Under federal law, public schools, which receive federal funds, may not discriminate on the basis of sex. Sometimes, the harassment of a gay student will be sexual harassment forbidden by this federal law, known as Title IX. Complaints can be made to your school Title IX coordinator, as well as to the federal Dept. of Education, Office of Civil Rights, in Boston. You may also consult with an attorney and go directly to Court.
What can I do if I’m being discriminated against 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 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 website is http://www.state.ct.us/sde/
If this fails, you may also wish to consider legal action against the city or town. Contact GLAD for attorney referrals.
Gay/Straight Alliances
Do students have the right to form Gay/Straight Alliances in their schools even if the principal or community opposes it?
Students have several legal tools available if they wish to form a GSA or club. A federal law known as the Equal Access Act provides that secondary school students in schools that receive federal funding and have extra-curricular groups must allow students to form other extra-curricular groups without discriminating based on the religious, philosophical, political or other content of the speech at meetings. According to the law, school administrators must respond consistently to all requests for the formation and funding of extra-curricular clubs, even if they don’t agree personally with the content or think the community isn’t ready for it. GLAD brought and won a case for students at West High in Manchester, New Hampshire on this very basis. In addition, in some cases, First Amendment principles may be brought to bear on behalf of students wishing to form a club.
Footnotes
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