Creating Safe and Inclusive Schools for LGBTQI+ Young People: Federal and Maine Law – GLAD Law

 

Report on Creating Safe and Inclusive Schools for LGBTQI+ Youth in Alignment with Sustainable Development Goals

Executive Summary

This report examines the legal and policy frameworks in Maine and the United States for creating safe and inclusive educational environments for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex (LGBTQI+) youth. The creation of such environments is a critical component in achieving several United Nations Sustainable Development Goals (SDGs), particularly SDG 4 (Quality Education), SDG 3 (Good Health and Well-being), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities), and SDG 16 (Peace, Justice, and Strong Institutions). Data indicates that LGBTQI+ students in Maine face disproportionate levels of harassment and violence, which severely impacts their health, well-being, and access to quality education. This report outlines the legal obligations of educational institutions and provides actionable strategies to foster inclusive cultures, thereby ensuring that all students can thrive and contribute productively to society. Fulfilling these legal mandates is not only a matter of compliance but a fundamental step toward building a just, equitable, and sustainable future for all.

The Imperative for Inclusive Education: Aligning with Sustainable Development Goals

Ensuring that all students, including those who identify as LGBTQI+, feel safe and welcomed in school is a prerequisite for achieving multiple SDGs. A non-inclusive school climate creates significant barriers to education, health, and equality.

SDG 4: Quality Education & SDG 10: Reduced Inequalities

The right to quality education (SDG 4) and the reduction of inequalities (SDG 10) are undermined when students are subjected to hostile environments. A 2019 survey of Maine high school students revealed a significant and growing LGBTQI+ population, with 12.4% identifying as lesbian, gay, or bisexual, and 1.6% as transgender. However, these students face substantial obstacles to their education due to harassment and discrimination. This unequal treatment directly contravenes the objective of Target 4.a to provide safe, non-violent, inclusive, and effective learning environments for all, and Target 10.3 to ensure equal opportunity by eliminating discriminatory practices.

SDG 3: Good Health and Well-being & SDG 16: Peace, Justice and Strong Institutions

The physical and mental health of LGBTQI+ students (SDG 3) is disproportionately affected by bullying and harassment, which constitutes a form of violence that SDG 16.1 seeks to reduce. Compared to their cisgender, heterosexual peers, LGBTQI+ high school students in Maine are more likely to experience:

• Threats or injury with a weapon on school property.
• Physical fights on school property.
• Physical and cyberbullying.
• Derogatory comments related to their race, ethnicity, or perceived sexual orientation.

These experiences correlate with higher rates of sadness, hopelessness, and suicidal ideation, directly impacting Target 3.4, which aims to promote mental health and well-being. Creating strong, just institutions (SDG 16) within the education system is essential to protect students from such harm.

Legal and Institutional Frameworks for Sustainable Development

Both state and federal laws provide a foundation for building strong and just institutions (SDG 16) that protect the rights of all students and promote non-discriminatory policies for sustainable development (Target 16.b).

State-Level Commitments: The Maine Human Rights Act and SDG 16.b

Maine law provides robust protections that align with the goal of reducing inequalities (SDG 10) and ensuring gender equality (SDG 5).

• The Maine Human Rights Act explicitly prohibits discrimination in education based on sexual orientation and sex, which includes gender identity and expression.
• The law mandates that all students have the right to participate in all educational and vocational programs without discrimination.
• It defines “sexual orientation” to include actual or perceived heterosexuality, bisexuality, or homosexuality, and “gender identity” as an individual’s deeply held sense of their gender, regardless of the sex assigned at birth.
• The Maine Human Rights Commission has clarified that schools must respect a student’s gender identity in all aspects of school life.

Specific applications of this law to promote equality include:

1. Names and Pronouns: Schools are obligated to use a student’s chosen name and pronouns consistent with their gender identity.
2. School Facilities: Students must be allowed to use restrooms and locker rooms that align with their gender identity.
3. Athletics: Students are permitted to compete on single-gender sports teams based on their gender identity, in line with policies from the Maine Principals’ Association.
4. Student Appearance: Dress codes must be applied to students in a manner consistent with their gender identity.

Federal Mandates: Title IX and its Role in Achieving SDG 5 and SDG 10

Title IX of the Education Amendments of 1972 is a federal law that prohibits discrimination “on the basis of sex” in schools receiving federal funding. This serves as a key instrument for achieving gender equality (SDG 5) and reducing inequalities (SDG 10).

• Following the U.S. Supreme Court’s decision in Bostock v. Clayton County, the U.S. Department of Education has clarified that Title IX’s prohibition of sex discrimination includes discrimination based on sexual orientation and gender identity.
• This interpretation means schools cannot discipline students discriminatorily, deny them access to educational opportunities, or fail to address harassment based on their LGBTQI+ status.
• Federal courts have increasingly affirmed that denying transgender students access to facilities consistent with their gender identity violates Title IX and the U.S. Constitution.

Constitutional Protections as a Foundation for Justice (SDG 16)

The Fourteenth Amendment to the U.S. Constitution guarantees all persons “equal protection” under the law, a cornerstone of SDG 16 (Peace, Justice and Strong Institutions). This protection extends to LGBTQI+ students.

• Discrimination by a public school against a student based on their sexual orientation or gender identity can constitute a violation of their constitutional rights.
• Federal courts have found that school policies segregating students into facilities based on their “biological sex” rather than their gender identity are discriminatory and unconstitutional.
• A school’s failure to protect LGBTQI+ students from harassment, when it would protect other students from similar behavior, can also be a violation of equal protection.

Operationalizing Safety and Inclusion: A Multi-faceted Approach

To meet legal obligations and advance the SDGs, schools must move beyond mere compliance and actively cultivate a culture of inclusion. This involves proactive prevention and the development of strong institutional policies.

Proactive Measures for Bullying Prevention (SDG 4.a & SDG 16.1)

Maine’s comprehensive anti-bullying law requires schools to create a safe and peaceful environment for all students, directly contributing to SDG 4.a (safe learning environments) and SDG 16.1 (reduce all forms of violence).

Key requirements for schools under this law include:

• Adopting and publicizing a clear policy that prohibits bullying based on a comprehensive list of personal characteristics, including sexual orientation and gender identity.
• Establishing clear procedures for reporting, investigating, and responding to incidents of bullying.
• Providing training for all school staff on their obligations under the law.
• Implementing remedial actions to address the harm caused by bullying and prevent its recurrence, moving away from zero-tolerance policies that disproportionately harm marginalized students.
• Reporting annual data on bullying incidents to the state.

Policy Recommendations for Strong, Inclusive Institutions (SDG 16)

Effective policies are clear, comprehensive, and actively implemented. To build strong, inclusive institutions, schools should adopt policies that:

1. State Clear Goals: Explicitly state the school’s commitment to a safe and inclusive learning environment for all students, including support for a student’s gender identity.
2. Define Terms: Provide clear definitions for terms like sexual orientation, gender identity, and gender expression to educate the school community.
3. Respect Privacy: Uphold a student’s right to privacy regarding their sexual orientation or gender identity, and support the student in developing a plan for disclosure if they choose.
4. Use Correct Names and Pronouns: Mandate the use of a student’s affirmed name and pronouns on all school documents except where a legal name is required by law.
5. Require Training: Implement annual professional development for all staff on supporting LGBTQI+ students and understanding their legal and ethical obligations.
6. Establish Clear Complaint Procedures: Designate a staff member to handle complaints and outline a clear, accessible process for addressing them, consistent with Title IX requirements.

Pathways to Redress and Support

When students experience discrimination, harassment, or bullying, clear pathways for intervention are necessary to ensure justice and well-being.

Non-Legal Intervention and Support Systems

Students should be encouraged to seek support from trusted adults within the school system, such as a counselor, social worker, or teacher. It is critical to document all incidents in writing, including dates, locations, individuals involved, and the specific behavior. Following up in writing with school officials after a verbal report creates a record and ensures accountability.

Administrative and Legal Intervention

If informal interventions fail, students and their families have formal recourse:

• Maine Human Rights Commission: A complaint can be filed within 300 days of the discriminatory act.
• Maine Department of Education: A complaint can be filed with the Affirmative Action officer within 180 days.
• U.S. Department of Education, Office for Civil Rights (OCR): A complaint can be filed alleging a violation of Title IX.
• Legal Action: In some cases, legal action may be considered. Organizations like GLBTQ Legal Advocates & Defenders (GLAD) can provide information and resources.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

The article on creating safe and inclusive schools for LGBTQI+ youth in Maine addresses several Sustainable Development Goals (SDGs) by focusing on equality, education, health, and justice for a vulnerable group within the community.

• SDG 3: Good Health and Well-being: The article directly connects the school environment to the “mental and physical health of students.” It highlights the negative health outcomes of discrimination and bullying, citing a 2019 survey that shows LGBTQI+ students are more likely to “feel sad and hopeless” and have “seriously considered or planned” suicide. This aligns with the goal of promoting mental health and well-being for all.
• SDG 4: Quality Education: This is the central theme of the article. It begins by stating, “All students have the right to benefit from the opportunities a strong education provides.” The entire text is dedicated to ensuring “inclusive learning environments,” equal access to educational programs, and creating “safe, non-violent, inclusive and effective learning environments for all,” which are core tenets of SDG 4.
• SDG 5: Gender Equality: The article’s focus on ending discrimination based on “gender, sexual orientation, or gender identity” is directly relevant to SDG 5. It discusses laws and policies that protect against discrimination on the basis of “sex,” which is interpreted to include gender identity and expression, thereby promoting equality and ending discriminatory practices.
• SDG 10: Reduced Inequalities: The article explicitly addresses the inequalities faced by LGBTQI+ students. It details how these students are “disproportionately harassed at school” and face unequal treatment. By advocating for laws, policies, and a culture of inclusion, the article supports the goal of empowering and promoting the social inclusion of all, irrespective of “other status” (which includes sexual orientation and gender identity), and ensuring equal opportunity.
• SDG 16: Peace, Justice and Strong Institutions: The article is heavily focused on the legal framework and institutional responsibility for protecting students. It discusses federal and state laws (Title IX, Maine Human Rights Act), anti-bullying legislation, and the role of institutions like the Department of Education and the Human Rights Commission. It aims to reduce violence and bullying in schools and ensure “equal access to justice for all” by outlining procedures for filing complaints and seeking legal intervention.

2. What specific targets under those SDGs can be identified based on the article’s content?

The article’s content aligns with several specific targets under the identified SDGs.

1. Target 3.4: By 2030, reduce by one third premature mortality from non-communicable diseases through prevention and treatment and promote mental health and well-being.
   • Explanation: The article emphasizes that ensuring students feel welcome is “essential for students’ mental and physical health.” It cites data showing that LGBTQI+ students are more likely to feel “sad and hopeless” and consider suicide, directly addressing the need to promote mental health and well-being to prevent such outcomes.
2. Target 4.5: By 2030, eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable…
   • Explanation: The article advocates for eliminating discrimination based on sexual orientation and gender identity to ensure LGBTQI+ students, as a vulnerable group, have equal access to “all educational, counseling, vocational guidance, and all vocational and on-the-job training programs.”
3. Target 4.a: Build and upgrade education facilities that are child, disability and gender sensitive and provide safe, non-violent, inclusive and effective learning environments for all.
   • Explanation: This target is at the core of the article. The text repeatedly calls for creating “safe and inclusive schools,” “a safe, secure, and peaceful environment,” and outlines how schools can prevent bullying and harassment to ensure the learning environment is safe and effective for LGBTQI+ students.
4. Target 5.1: End all forms of discrimination against all women and girls everywhere.
   • Explanation: While the target names “women and girls,” its principle of ending gender-based discrimination is central to the article. The text details how laws like Title IX and the Maine Human Rights Act prohibit discrimination on the basis of “sex,” which is interpreted to include gender identity, sexual orientation, and gender expression, thus working to end these specific forms of discrimination.
5. Target 10.2: By 2030, empower and promote the social, economic and political inclusion of all, irrespective of… sex… or other status.
   • Explanation: The article is a guide for the social inclusion of LGBTQI+ students (“other status”) within the school system. It advocates for policies and practices that ensure these students can “participate in all academic, extracurricular, athletic, research, vocational training and all other educational programs” without discrimination.
6. Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices…
   • Explanation: The article analyzes and promotes the use of non-discriminatory legislation (e.g., Maine’s anti-bullying law) and policies to eliminate discriminatory practices in schools, thereby ensuring equal opportunity for LGBTQI+ students and reducing the inequality they face.
7. Target 16.1: Significantly reduce all forms of violence and related death rates everywhere.
   • Explanation: The article provides statistics on violence against LGBTQI+ students, including being “threatened or injured with a weapon on school property” and being involved in “a physical fight on school property.” Its purpose is to advocate for measures that reduce these forms of violence.
8. Target 16.2: End abuse, exploitation, trafficking and all forms of violence against and torture of children.
   • Explanation: The article’s extensive focus on preventing and intervening in “bullying and harassment” (both physical and online) directly contributes to this target of ending abuse and violence against children in the school setting.
9. Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development.
   • Explanation: The article is a comprehensive overview of non-discriminatory laws (Title IX, Maine Human Rights Act) and policies (school anti-bullying policies). It explains how these laws should be enforced to protect students, directly aligning with the promotion and enforcement of such policies.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

Yes, the article mentions and implies several quantitative and qualitative indicators that can be used to measure progress.

• Indicators for Health and Well-being (Target 3.4): The article cites the 2019 Maine Integrated Youth Health Survey (MIYHS), which provides specific quantitative data points:
  • Proportion of students who feel sad and hopeless.
  • Proportion of students who have seriously considered or planned suicide.
• Indicators for Violence and Safety (Targets 16.1, 16.2, 4.a): The MIYHS report, as referenced in the article, also provides indicators for violence and safety:
  • Proportion of students threatened or injured with a weapon on school property.
  • Proportion of students involved in a physical fight on school property.
  • Proportion of students experiencing physical bullying.
  • Proportion of students experiencing online bullying (cyberbullying).
  • Proportion of students receiving offensive comments based on perceived sexual orientation.
• Indicators for Non-Discriminatory Policies and Justice (Targets 5.1, 10.3, 16.b): The article points to several qualitative and process-based indicators:
  • The existence and enforcement of specific non-discriminatory laws (e.g., Maine Human Rights Act, Title IX, Maine’s anti-bullying law of 2012).
  • The adoption of clear, inclusive school policies that explicitly protect LGBTQI+ students, cover names/pronouns, and ensure access to facilities.
  • The number of schools providing training to staff on anti-bullying and inclusion policies.
  • The number of discrimination complaints filed with the Maine Human Rights Commission or the U.S. Department of Education’s Office for Civil Rights, and their resolution.

4. Summary Table of SDGs, Targets, and Indicators

SDGs	Targets	Indicators Identified in the Article
SDG 3: Good Health and Well-being	3.4: Promote mental health and well-being.	Percentage of students feeling sad and hopeless (MIYHS 2019). Percentage of students who have seriously considered or planned suicide (MIYHS 2019).
SDG 4: Quality Education	4.5: Eliminate gender disparities and ensure equal access for the vulnerable. 4.a: Provide safe, non-violent, inclusive learning environments.	Existence of school policies ensuring equal access to all programs for LGBTQI+ students. Implementation of policies for safe and inclusive school facilities (e.g., restrooms, changing rooms). Annual reporting by schools to the state on bullying incidents.
SDG 5: Gender Equality	5.1: End all forms of discrimination.	Enforcement of laws prohibiting discrimination based on sex, sexual orientation, and gender identity (Maine Human Rights Act, Title IX).
SDG 10: Reduced Inequalities	10.2: Empower and promote social inclusion of all. 10.3: Ensure equal opportunity and eliminate discriminatory policies.	Adoption of school policies that explicitly protect and include LGBTQI+ students. Elimination of discriminatory practices that lead to disproportionate harassment of LGBTQI+ students.
SDG 16: Peace, Justice and Strong Institutions	16.1: Reduce all forms of violence. 16.2: End abuse and violence against children. 16.b: Promote and enforce non-discriminatory laws.	Percentage of students threatened or injured with a weapon on school property (MIYHS 2019). Percentage of students experiencing physical and online bullying (MIYHS 2019). Existence and enforcement of Maine’s comprehensive anti-bullying law (2012). Availability of formal complaint mechanisms (Maine Human Rights Commission, Office for Civil Rights).

Source: gladlaw.org