The information on this page is not legal advice. Some information on this page may be out-of-date and is currently undergoing revisions. Please contact GLAD 答案 with questions or for updated information.

如果您對最近的法院和行政行動對您在《第九條》下的權利的影響有任何疑問，請訪問我們的 第九條「了解你的權利」頁面 了解更多。

身為 LGBTQ+ 學生，我有哪些權利？

All New Hampshire public school students have the right:

  • 為了在學校安全而不被欺負，
  • To be protected from discrimination or harassment based on sexual orientation, gender identity, or HIV status.
  • 要存取有關 LGBTQ+ 主題的資訊（包括教育網站），
  • 穿著和表現方式要符合你的性別認同，
  • 言論自由。這意味著你有權表達可能冒犯他人的觀點，也有權反對他人的觀點，只要你以尊重他人的方式表達即可。

All New Hampshire public and many private school students have the right:

  • To form a Genders & Sexualities or Gay/Straight Alliance or Gay/Straight Alliance (GSA) that gets treated the same as every other non-curricular group. This means equal funding, access to facilities, and the ability to choose your group’s name.

Outside of school, you have the right:

  • 在就業、住房和公共場所（如餐廳或商店）中免受基於您的實際或感知的性取向、愛滋病毒狀況或性別認同的歧視。
  • If you are over the age of 14, to give your own consent to get tested for HIV without your parents’ permission. For more specific information, see the “HIV/AIDS” Issue Area.
  • 向警方舉報在校內或校外對您造成人身傷害、威脅您或破壞您的財產的任何人。

Are there any laws protecting transgender students in New Hampshire?

Yes. On July 1, 2010, the New Hampshire General Court enacted a revision to the Pupil Safety and Violence Prevention Act (see HB 1523 at http://www.gencourt.state.nh.us/legislation/2010/HB1523.html). that specifically recognized that pupils who are LGBTQ+ or perceived to be LGBTQ+ are one of the groups that have historically been targeted for bullying. New Hampshire now has one of the strongest anti-bullying laws in the country.

The 2010 law requires that each school district and charter school adopt a written policy prohibiting bullying and cyberbullying that includes:

  • a procedure for reporting the bullying;
  • a procedure for notifying the parents or guardian of a victim within 48 hours of the incident report that can be waived if the school feels that doing so is in the best interests of the victim or perpetrator;
  • a procedure for investigating the incident in a timely manner, and, for any substantiated incident of bullying, the school must create a remediation plan that may include appropriate disciplinary action against the perpetrator, steps to reduce future incidents or retaliation and, if appropriate, offer assistance to the victim or perpetrator. The remediation plan must also be communicated to the parents or guardians of all the students involved in the incident;
  • a plan for communicating, training and educating students, staff and parents about the anti-bullying policy.

Does the New Hampshire anti-discrimination law also protect public school students?

Yes, New Hampshire law Section 354-A:27 states:

“No person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination in public schools because of their age, sex, gender identity, sexual orientation, race, color, marital status, familial status, disability, religion or national origin. . .”

For more information about the New Hampshire anti-discrimination law and how to file a discrimination complaint, see the “Discrimination” Issue Area.

Are there federal laws that protect students?

Yes, Title IX prohibits discrimination against students based on sex in any school or college that receives federal funds. In light of the Supreme Court ruling in Bostock v. Clayton County, which determined that sexual orientation and gender identity discrimination are forms of sex discrimination, the federal Department of Education, which enforces Title IX, has stated that it will interpret any sexual orientation or gender identity discrimination as sex discrimination.

To file a complaint with the federal Department of Education Office of Civil Rights, see:  How to File a Discrimination Complaint with the Office for Civil Rights.

您可以向學校的 Title IX 協調員投訴，也可以向以下機構投訴：

民權辦公室
美國教育部
約翰·W·麥科馬克郵局及法院，222 室
郵局廣場
波士頓，馬薩諸塞州 02109

此外，某些類型的歧視和騷擾可能會侵犯學生的憲法權利。

如果我在學校受到歧視，我該怎麼辦？

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 should document any incidents of harassment or discrimination in writing with at least the date and time. Once you meet with the right officials, write yourself notes about 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 this fails, you may also wish to consider legal action against the town by contacting the New Hampshire Commission for Human Rights or the federal Department of Education Office of Civil Rights.

This is a complicated area of law as well as being emotionally challenging. Contact GLAD Answers by filling out the email form at GLAD 答案 or by phone at 800-455-4523 (GLAD) to discuss options.