Safe Schools State(ment) – May 2011

Across the country, a number of state legislatures are getting ready to close, while others are rapidly shuffling through a number of bills before the end of the legislative season. Overall, this year has seen remarkable gains for LGBT students, considering the threatening atmosphere at the beginning of the session.

Tennessee- Earlier this year, we reported about the notorious “Don’t Say Gay” bill which would prevent all discussion of or materials relating to any sexual orientation (except heterosexuality) in schools. These sorts of laws endanger LGBT students by stigmatizing them and denying them access to resources in schools. GLSEN has opposed this bill in conjunction with partners such as the Tennessee Equality Project and the Tennessee Transgender Political Coalition. Fortunately, it looks like the “Don’t Say Gay” bill cannot pass this year. The committee in the House where the bill would be considered has already closed. While there is some possibility the bill will pass in the Senate, the legislative session in Tennessee is rapidly drawing to a close, and we’re happy to report this terrible measure will not be inflicted on the students of Tennessee.

Unfortunately, however, the Tennessee legislature seems intent on passing a bill which would prevent local jurisdictions from having more expansive nondiscrimination protections than provided for in state law, effectively negating any current local nondiscrimination protections for LGBT people (such as in Nashville) and preventing future ones from being passed. Unfortunately, this is likely to both harm LGBT students and damage commerce in the state. We remain hopeful that Governor Haslam will veto this terrible measure, and if not, that legal challenges will strike it down.

New Hampshire- We are very happy to report that efforts to strip vital protections from the anti-bullying law passed in New Hampshire last year have been defeated. Several representatives had tried to undermine the anti-bullying law and endanger New Hampshire students by removing enumerated language from the law’s purpose section, severely narrowing the number of situations where schools can take action on cyberbullying, and eliminating the waiver based on student safety to the law’s parental notification requirements. The Senate voted unanimously to kill this bill. We congratulate GLSEN New Hampshire, Bully Free New Hampshire, and of course parents, students and other local advocates who worked so hard to defeat this harmful measure.

Connecticut- The Connecticut Joint Education Committee originally drafted anti-bullying bill SB 1138 without including any specific protections for those students who are frequently the target of bullying and harassment, such as LGBT students. However, after hearing from numerous parents, students, community advocates, and the GLSEN Connecticut Chapter about the important of such protections, they amended the bill. Now the bill is progressing rapidly through a number of committees, and we hope that Senate leadership will bring it to the floor soon for a vote. SB 1138 is a very strong bill that will build upon existing anti-bullying laws in Connecticut to provide essential training for educators, specific protection for LGBT students, and clear reporting provisions that will help the state to assess and address the issue of bullying and harassment.

Maine- The Maine legislature is considering a bill which would weaken the state’s Human Rights law by creating exceptions to its protections for transgender people. Currently the Maine Human Rights Law provides nondiscrimination protections on the basis of sexual orientation and gender identity and expression. However, some lawmakers would like to carve holes in the law by refusing to allow transgender people to access public facilities that coincide with the way they live their lives. Unfortunately, this would also impact transgender students in Maine, who are already the subject of extremely high levels of bullying, harassment, and discrimination. Of course this measure is completely unnecessary; the laws protecting transgender Mainers have been in place for five years without incident. Wisely, the Joint Judiciary Committee recommended that this bill should not pass. However, the bill will still go to the floor in both chambers. A coalition of organizations in Maine is fighting against this terrible bill, including the Maine Civil Liberties Union, EqualityMaine, our Maine GLSEN Chapters, and several other groups. We are hopeful that they will defeat this effort and restore the promise of equality in Maine.

Colorado- We are happy to report that Colorado has recently passed the nation’s twelfth anti-bullying law with language that specifically protects LGBT students. This is a momentous victory for advocates in Colorado, and we applaud the efforts of One Colorado to pass this bill. Research has continually shown that laws with this specific enumeration of characteristics are simply more effective-- they result in a greater feeling of student safety, less absenteeism, greater reporting of incidents of bullying when they occur, and increased intervention by teachers. We believe that this new law will make a difference for Colorado students, and we are happy that we were able to support this effort though our GLSEN Colorado Chapter and resources such as our state specific research on bullying.

District of Columbia- At the end of the last legislative session, the District of Columbia held a hearing on a comprehensive anti-bullying bill. Although that effort did not pass, the bill has been reintroduced and once again has gathered a great deal of momentum. Working with a variety of community advocates and organizations, we have strongly supported efforts to pass this bill. A “Bully Free DC” rally was held last month to raise public awareness about this measure, which has the public support of the DC Council as well as Mayor Gray. We are working with experts to strengthen the language of this bill, and then we hope to see it passed this session.

Louisiana- The enumerated anti-bullying in Louisiana achieved a significant milestone last week when it passed the House Education Committee. The bill has a tough vote ahead in the House, and local advocates are working hard to gather support for the measure. GLSEN continues to support this effort by providing advocacy resources.