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

 

Report on Creating Safe and Inclusive Educational Environments for LGBTQI+ Youth in Accordance with Sustainable Development Goals

Introduction: Aligning Educational Equity with Global Development Mandates

The establishment of safe, inclusive, and equitable learning environments for all students, including those who identify as Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex (LGBTQI+), is a critical component of achieving several United Nations Sustainable Development Goals (SDGs). This report analyzes the legal and policy frameworks in Maine and the United States that support this objective, framing them within the context of 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 from the 2019 Maine Integrated Youth Health Survey (MIYHS) indicates significant disparities, where LGBTQI+ students face disproportionately high rates of harassment and negative health outcomes, underscoring the urgent need to enforce protective measures to meet these global goals.

Legal Frameworks Supporting Inclusive Education and Sustainable Development

Maine’s Commitment to SDG 10 and SDG 16: The Maine Human Rights Act

The state of Maine’s legal framework provides a robust foundation for achieving SDG 10 (Reduced Inequalities) within its educational institutions. The Maine Human Rights Act mandates the prevention of discrimination in education based on sex, sexual orientation, or disability, affirming the “basic human right to a life with dignity.” This aligns directly with SDG Target 10.3, which aims to ensure equal opportunity and eliminate discriminatory laws and practices.

Under this Act, which functions as an instrument for SDG 16 (Peace, Justice, and Strong Institutions), educational institutions may not:

• Segregate or marginalize students based on perceptions of their abilities.
• Apply disciplinary actions more harshly than to other students for similar conduct.
• Prohibit expressions of identity or affection that are permitted for other students.
• Allow demeaning treatment, such as slurs, threats, or assault, that impedes a student’s ability to participate in school offerings.

The law defines “sexual orientation” to include a person’s “actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression.” “Gender identity” is defined as “the gender-related identity, appearance, mannerisms or other gender-related characteristics of an individual, regardless of the individual’s assigned sex at birth.” These definitions are crucial for enforcing the non-discriminatory policies required by SDG Target 16.b.

Upholding SDG 5 and SDG 4: Federal Protections under Title IX

Title IX of the Education Amendments Act of 1972 is a key federal law that supports SDG 5 (Gender Equality) by prohibiting discrimination “on the basis of sex” in federally funded schools. Following the U.S. Supreme Court’s ruling in Bostock v. Clayton County, the U.S. Department of Education has clarified that Title IX’s protections extend to discrimination based on sexual orientation and gender identity. This interpretation is vital for advancing both SDG 5 and SDG 10 by ensuring that all students, regardless of their gender identity or sexual orientation, have equal access to educational resources and opportunities. The enforcement of Title IX is instrumental in creating the safe and non-violent learning environments called for in SDG Target 4.a.

Constitutional Guarantees for Equal Protection (SDG 16)

The Fourteenth Amendment to the U.S. Constitution guarantees “equal protection” under the law, providing a foundational legal principle that supports SDG 16’s goal of ensuring equal access to justice for all. Federal courts have increasingly applied this principle to protect LGBTQI+ students from discriminatory school policies. Rulings in cases such as Grimm v. Gloucester Cnty. Sch. Bd. have affirmed that denying transgender students access to facilities consistent with their gender identity constitutes sex-based discrimination. These judicial actions reinforce the rule of law and hold institutions accountable for protecting the rights of vulnerable populations, a core tenet of SDG 16.

Operationalizing Safety and Inclusion in Educational Institutions

Addressing Bullying and Harassment to Achieve SDG 4 and SDG 3

Maine’s comprehensive anti-bullying law (20-A Me. Rev. Stat. sec. 6554) is a critical tool for achieving SDG Target 4.a, which calls for safe, non-violent, and inclusive learning environments. The law explicitly prohibits bullying based on a student’s actual or perceived personal characteristics, including sexual orientation and gender identity. By mitigating harassment and creating a secure atmosphere, this law directly contributes to SDG Target 3.4 (promote mental health and well-being), as research consistently links bullying to adverse mental health outcomes, including feelings of hopelessness and suicidal ideation among LGBTQI+ youth.

The law requires schools to take specific actions to create strong, accountable institutions (SDG 16), including:

• Developing and enforcing clear policies that ban bullying, harassment, and retaliation.
• Establishing procedures for prompt investigation and documentation of incidents.
• Implementing remedial actions, including restorative practices, to address harm.
• Providing training for all staff on their obligations under the law.
• Reporting incident data annually to the state Department of Education.

Best Practices for Transgender and Gender-Expansive Students: Advancing SDG 5 and SDG 10

The Maine Human Rights Commission has provided official guidance on applying the state’s Human Rights Act to transgender and gender-expansive students. These guidelines offer a practical roadmap for schools to advance SDG 5 (Gender Equality) and SDG 10 (Reduced Inequalities) by ensuring students are treated in accordance with their gender identity.

1. Names and Pronouns: Staff must use a student’s chosen name and pronouns to foster a respectful environment that supports the student’s ability to learn.
2. School Facilities: Students must be permitted to use restrooms and locker rooms that correspond to their gender identity, a right affirmed by state and federal court rulings.
3. Athletics: Students should be allowed to participate in sports teams based on their gender identity, ensuring equal opportunity in all school programs.
4. Student Appearance: Dress codes must be applied in a manner consistent with a student’s gender identity.
5. Privacy and Parental Conflict: The school should prioritize the student’s wishes regarding their gender identity at school, even in cases of disagreement with a parent or guardian, to protect the student’s right to a safe learning environment.

Recommendations for Policy and Practice to Advance Sustainable Development

Prevention Strategies for Inclusive School Climates (SDG 4.7)

To proactively build a culture of peace, non-violence, and respect for diversity as outlined in SDG Target 4.7, schools should implement the following prevention strategies:

• Establish Gender & Sexuality Alliances (GSAs): Research demonstrates that the presence of GSAs is associated with greater school safety, less homophobic bullying, and improved long-term well-being for students.
• Adopt Comprehensive and Explicit Policies: School districts should develop, publicize, and enforce clear non-discrimination policies that explicitly include sexual orientation, gender identity, and gender expression.
• Implement Restorative Justice Programs: Move away from “zero tolerance” policies, which disproportionately harm marginalized students, and toward restorative practices that address the root causes of conflict and repair harm to the school community.
• Provide Professional Development: Require annual training for all staff on supporting LGBTQI+ students and implementing inclusive policies, thereby strengthening institutional capacity (SDG 16).

Intervention and Redress Mechanisms (SDG 16.3)

To ensure equal access to justice (SDG Target 16.3) when discrimination or harassment occurs, students and their families should follow a clear process for intervention and redress:

1. Seek Internal Support and Report Incidents: Immediately reach out to a trusted adult at school (e.g., counselor, nurse, teacher) for support and to begin an informal resolution process.
2. Provide Formal Notification to School Administration: If informal measures fail, formally report the harassment or discrimination in writing to the designated school official (e.g., principal, Title IX coordinator), as outlined in the student handbook.
3. Maintain Thorough Documentation: Keep a written record of all incidents, communications, meetings, and responses from school officials.
4. Escalate to Administrative Bodies: If the school fails to provide an adequate response, file a formal complaint with an external oversight body.
5. Consider Legal Action: If administrative remedies are exhausted or ineffective, seek legal counsel to explore further options for enforcing legal rights.

Directory of Resources for Stakeholder Support

Legal, Governmental, and Advocacy Support

• GLBTQ Legal Advocates & Defenders (GLAD): (800) 455-GLAD
• Maine Human Rights Commission: (207) 624-6290
• Maine Department of Education: (207) 624-6600
• U.S. Dept. of Education Office for Civil Rights: (617) 289-0111
• Equality Maine: (207) 761-3732
• Maine Transgender Network: www.mainetransnet.net

Local LGBTQI+ Youth Groups

• OUT Maine: (800) 530-6997
• Portland Outright: (207) 558-2429
• New Beginnings: (207) 795-4077
• Outright LA: (207) 795-8956

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

• SDG 3: Good Health and Well-being: The article directly addresses the mental and physical health of LGBTQI+ students, citing data on higher rates of sadness, hopelessness, and suicidal ideation compared to their peers. It also discusses the importance of a safe school environment for student well-being.
• SDG 4: Quality Education: The core theme of the article is ensuring all students, particularly LGBTQI+ youth, have the right to a safe, inclusive, and robust education. It focuses on equal access to educational opportunities, programs, and facilities without discrimination.
• SDG 5: Gender Equality: The article is centered on combating discrimination based on sex, sexual orientation, and gender identity. It details how laws like Title IX and the Maine Human Rights Act are interpreted to protect students from discrimination based on their gender identity and expression, which is a key component of achieving broader gender equality.
• SDG 10: Reduced Inequalities: The article explicitly focuses on reducing inequalities faced by a vulnerable group (LGBTQI+ students) within the education system. It highlights the disparities in safety and educational experience and advocates for laws, policies, and practices to ensure equal opportunity and treatment.
• SDG 16: Peace, Justice and Strong Institutions: The article details the legal frameworks (federal, state, and constitutional law) and institutional responsibilities (of schools, the Department of Education) required to protect students from violence, bullying, and discrimination. It emphasizes the rule of law and access to justice for students whose rights are violated.

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

1. SDG 3: Good Health and Well-being

   • 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.” The article connects directly to this target by highlighting that LGBTQI+ students are more likely to have “feelings of sadness and hopelessness” and have “seriously contemplated or planned to take their own lives.” The proposed solutions, such as creating inclusive environments, aim to promote mental health and well-being.

2. SDG 4: Quality Education

   • 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…and children in vulnerable situations.” The article identifies LGBTQI+ students as a vulnerable population that is “disproportionately targeted for harassment” and faces barriers to equal participation in “all educational, counseling and vocational guidance programs.”
   • 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.” This target is central to the article, which argues for the right of all students to attend “public schools that are safe, secure and peaceful environments.” It specifically discusses policies for inclusive facilities like restrooms and locker rooms and the need to prevent bullying and harassment to create an effective learning environment.

3. SDG 5: Gender Equality

   • Target 5.1: “End all forms of discrimination against all women and girls everywhere.” The article’s focus on ending discrimination based on sex, sexual orientation, and gender identity aligns with this target. It details how laws like Title IX are interpreted to prohibit such discrimination, for example, in the context of a school’s refusal to allow a transgender student to use facilities consistent with their gender identity.
   • Target 5.c: “Adopt and strengthen sound policies and enforceable legislation for the promotion of gender equality…” The article is a comprehensive review of such policies and legislation. It describes the Maine Human Rights Act, Title IX, and school-level anti-bullying policies as tools to enforce non-discrimination and protect students.

4. SDG 10: Reduced Inequalities

   • Target 10.2: “By 2030, empower and promote the social…inclusion of all, irrespective of…sex…or other status.” The article advocates for the social inclusion of LGBTQI+ students by promoting policies that affirm their identity, such as using correct names and pronouns, and by supporting student groups like Gender & Sexuality Alliances (GSAs).
   • Target 10.3: “Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices…” This is a primary focus of the article. It discusses how discriminatory practices like bullying, harassment, and exclusion from athletic programs or facilities create unequal opportunities and outcomes for LGBTQI+ students and details the laws in place to eliminate these practices.

5. SDG 16: Peace, Justice and Strong Institutions

   • Target 16.1: “Significantly reduce all forms of violence and related death rates everywhere.” The article addresses this by citing statistics on violence against LGBTQI+ students, including being “threatened or injured with a weapon on school property” and being in a “physical fight on school property.” The anti-bullying laws and safety policies discussed are direct measures to reduce this violence.
   • Target 16.3: “Promote the rule of law at the national and local levels and ensure equal access to justice for all.” The article details the legal recourse available to students facing discrimination, such as filing complaints with the Maine Human Rights Commission and the federal Office for Civil Rights, thereby promoting the rule of law and access to justice.
   • Target 16.b: “Promote and enforce non-discriminatory laws and policies for sustainable development.” The entire article serves as a guide to the non-discriminatory laws (e.g., Maine’s anti-bullying law, Title IX) and policies (e.g., model policies for schools) that are essential for creating safe and inclusive educational environments.

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

1. For Target 3.4 (Mental Health)

   • Mentioned Indicator: The percentage of high school students reporting feelings of sadness and hopelessness, as cited from the “Maine Integrated Youth Health Survey (MIYHS) High School Report (2019).”
   • Mentioned Indicator: The percentage of high school students who have seriously contemplated or planned to take their own lives, also from the MIYHS report.

2. For Target 4.a (Safe Learning Environments) & 16.1 (Reduce Violence)

   • Mentioned Indicator: The percentage of students who are threatened or injured with a weapon on school property (MIYHS data).
   • Mentioned Indicator: The percentage of students who are in a physical fight on school property (MIYHS data).
   • Mentioned Indicator: The percentage of students who are physically bullied and bullied online (MIYHS data).
   • Implied Indicator: The number and nature of bullying incidents submitted in the required “yearly report to the state Department of Education” by schools.

3. For Target 10.3 (Equal Opportunity) & 5.c (Policies and Legislation)

   • Implied Indicator: The number of schools that have adopted and published explicit anti-discrimination and anti-bullying policies that include protections for sexual orientation and gender identity. The article gives an example of “MSAD 30” having strong policies.
   • Implied Indicator: The number of high schools with an active Gender & Sexuality Alliance (GSA), which the article cites as a factor in improving school safety and student well-being.

4. For Target 16.3 (Access to Justice)

   • Implied Indicator: The number of discrimination complaints filed with the “Maine Human Rights Commission” regarding educational institutions.
   • Implied Indicator: The number of Title IX complaints filed with the “federal Department of Education, Office for Civil Rights” by students in Maine.

Table of SDGs, Targets, and Indicators

SDGs	Targets	Indicators (Mentioned or Implied in the Article)
SDG 3: Good Health and Well-being	3.4: Promote mental health and well-being.	Percentage of students reporting feelings of sadness and hopelessness. Percentage of students who have seriously contemplated or planned suicide.
SDG 4: Quality Education	4.5: Ensure equal access to all levels of education for the vulnerable. 4.a: Provide safe, non-violent, inclusive and effective learning environments for all.	Percentage of students excluded from educational programs or activities based on sexual orientation or gender identity. Number of schools with inclusive policies for facilities (restrooms, locker rooms). Number of schools with active Gender & Sexuality Alliances (GSAs).
SDG 5: Gender Equality	5.1: End all forms of discrimination. 5.c: Adopt and strengthen sound policies and enforceable legislation for gender equality.	Existence and enforcement of non-discrimination laws (e.g., Title IX, Maine Human Rights Act) that explicitly protect against discrimination based on sexual orientation and gender identity. Number of schools with policies that allow students to use names/pronouns consistent with their gender identity.
SDG 10: Reduced Inequalities	10.2: Empower and promote social inclusion of all. 10.3: Ensure equal opportunity and reduce inequalities of outcome.	Disparities in rates of harassment and bullying between LGBTQI+ students and their peers. Existence of policies ensuring equal opportunity in athletic programs for transgender students.
SDG 16: Peace, Justice and Strong Institutions	16.1: Significantly reduce all forms of violence. 16.3: Ensure equal access to justice for all. 16.b: Promote and enforce non-discriminatory laws and policies.	Percentage of students threatened or injured with a weapon on school property. Percentage of students in a physical fight on school property. Number of bullying incidents documented in schools’ annual reports to the Department of Education. Number of discrimination complaints filed with the Maine Human Rights Commission or the federal Office for Civil Rights.

Source: gladlaw.org