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身為 LGBTQ+ 學生,我有哪些權利?

All Massachusetts public school students have the right:

  • 為了在學校安全而不被欺負,
  • To access information about LGBTQ subjects including educational website,
  • 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 Massachusetts public and many private school students have the right:

  • 免受基於性取向、性別認同或表達或愛滋病毒狀況的歧視或騷擾,
  • To form a 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.

在校外,您有權利:

  • 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。
  • 未經父母同意,自行接受 HIV 檢測。更多詳情,請參閱“HIV/AIDS”專題。
  • 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。

Can people under 18 access PrEP for HIV prevention without informing their parents?

Yes. If you are under 18 and sexually active, Massachusetts law enables you to access HIV-preventative medication (PrEP) from a healthcare provider or health clinic without needing the consent of a parent or legal guardian. State law ensures the privacy of young people to receive PrEP, or any other HIV prevention therapy, and medical providers can’t share that with anyone, including your parents, without your written consent. For more information, visit PrEP for Minors.

 

Does Massachusetts have a law to protect students from bullying?

Yes. Massachusetts has one of the strongest anti-bullying laws in the country. It has strict requirements that schools must follow to protect students from a wide variety of bullying, be it physical, verbal, or online. Many of these requirements apply to 全部 schools, whether public, private, or charter. Some of the key provisions of the law include:

  • Every school, with the exception of some private schools, must have in place a comprehensive anti-bullying policy;
  • Each plan shall recognize that certain students may be more vulnerable to becoming a target of bullying or harassment based on actual or perceived differentiating characteristics, including gender identity or expression and sexual orientation or by association with a person who has or is perceived to have one or more of these characteristics. The plan shall include the specific steps that each school district, charter school, non-public school, approved private day or residential school and collaborative school shall take to support vulnerable students and to provide all students with the skills, knowledge and strategies needed to prevent or respond to bullying or harassment.
  • A student’s parents or guardians must be notified if the school learns that they have been bullied;
  • Teachers and other school staff must receive training on how to handle bullying and are required to report bullying to the administration;
  • Each school must teach students about bullying.

For detailed information about the requirements for the anti-bullying plan each school must have, visit the Department of Education’s website.

Does Massachusetts have guidance schools should follow to protect transgender students?

Yes, Massachusetts has created guidance for schools on the rights, responsibilities and best educational practices for transgender and gender non-conforming students.

該指南包括以下內容:

  • 學校應該尊重跨性別學生的姓名和代名詞;
  • 學校應尊重跨性別學生的醫療資訊、曾用名等隱私;
  • 學生記錄上的姓名和性別應符合學生的性別認同;
  • 跨性別學生應該能夠使用符合其性別認同的洗手間、更衣室和更衣設施;
  • 在任何性別隔離的活動中(包括運動),跨性別學生都應該能夠以符合其性別認同的方式參與。

Learn more about this guidance.

Does the Massachusetts have anti-discrimination laws that protect students?

Yes, Chapter 76, Section 5 of the Massachusetts General Laws prohibits discrimination based on gender identity, sex, sexual orientation, and perceived sexual orientation in all Massachusetts schools which accept students from the general public, regardless of whether the discrimination comes from students or employees.

Similarly, Chapter 151C, which defines fair educational practices, prohibits sexual harassment by public school teachers, staff, or other students. Violations of this law can be brought to the Massachusetts Commission Against Discrimination (MCAD), a state agency that does not require the parties to have a lawyer. For more information on Massachusetts anti-discrimination law and how to file a discrimination complaint, see the “Discrimination” Issue Area.

Schools are also required to take certain steps to prevent the harassment of LGBTQ students, per the Code of Massachusetts Regulations, 603 CMR 26.00, Access to Equal Educational Opportunity. In particular, the Code requires that schools have policies in place to ensure discrimination and harassment complaints are investigated promptly and also requires schools to educate staff annually on harassment prevention and appropriate methods of responding to harassment in a school environment.

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, visit their webpage.

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。

What can I do if I’m being discriminated against or bullied 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 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 Massachusetts Commission Against Discrimination 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 GLADAnswers.org or by phone at 800-455-GLAD (4523) to discuss options.

Do students have the right to form Gay/Straight Alliances in their schools?

Yes, as to high school students; probably, as to middle school students. A federal law known as the “Equal Access Act” requires that all federally funded secondary schools provide equal access to extra-curricular clubs. So long as a school has at least one student-led extra-curricular club, it must allow additional clubs to organize, and must provide them with equal access to meeting spaces, facilities, and funding without discriminating based on a club’s purpose, be that purpose religious, philosophical, political, or otherwise (20 U.S.C. § 4071).

Does Massachusetts have a law that bans conversion therapy?

Yes, in 2019 Massachusetts passed a law banning any practice by a health care provider that attempts or purports to impose change of an individual’s sexual orientation or gender identity.

State and national medical, mental health, and child welfare organizations all oppose the practice of conversion therapy, a practice that seeks to change a person’s sexual orientation or gender identity. Extensive professional literature shows the practice to be both ineffective in changing sexual orientation or gender identity and harmful to youth. Young people who have been subjected to conversion therapy are at increased risk of depression, suicidal thoughts and suicide attempts, and illegal drug use.

Under the law’s provisions, a healthcare provider who violates this section shall be subject to discipline by the appropriate licensing board. Such discipline may include suspension or revocation of their license.

資源

Massachusetts Anti-Bullying Laws & Policies | StopBullying.gov

Children’s Issues Series: Anti-Bullying Laws | Mass Legal Services

Bullying Prevention and Intervention | Massachusetts Department of Education

Safe Schools Program for LGBTQ Students | Mass.gov

Title IX Protects Students from Discrimination Based on Sexual Orientation and Gender Identity | U.S. Department of Education

Legal Guidelines Regarding the Equal Access Act | U.S. Department of Education (this link will download a Word document to your computer)

FAQ About Equal Access Act | ACLU of Washington

Massachusetts Youth Resources:

If you are involved with the Department of Children and Families:

You have the right to be treated with care and respect and to be affirmed for who you are.

You have the right to safe and appropriate placements in the child welfare system, free from discrimination and harassment based on your sexual orientation or gender identity or expression.

You have the right to be free from harassment and abuse based on actual or perceived sexual orientation or gender identity or expression in foster care placements. This means that you should be protected from both physical and emotional harm in placements and should be placed with caretakers who will ensure your safety and wellbeing outside the home.

You have the right to be open about your sexual orientation and gender identity and expression.

You have the right to be identified by the name and pronouns that accord with your gender identity and to wear clothing consistent with your gender identity.

Massachusetts law protects you from having a therapist try to change your sexual orientation or gender identity.

You have the right to equal treatment and to access appropriate services for your sexual orientation or gender identity or expression while in the child welfare system.

You must have access to appropriate medical or mental health care.

You should be treated equally to heterosexual and gender-conforming youth, including about age-appropriate displays of affection.

You should have access to supportive materials and resources, including GSAs at schools and community support groups.

You have the right to an attorney, and your attorney should affirm you and advocate for you.  You also have the right to fire your attorney and request a new attorney.

資源

The Massachusetts DCF has an LGBTQ Guide that has information and resources.

There are LGBTQ liaisons at DCF who can help you find resources. To be connected with one, contact the State Co-Chair of LGBTQ Liaisons, Effie Molina.

這 Massachusetts Commission on LGBTQ Youth has resources, including a map of affirming providers.

Contact the Child Advocate who can help you if you are having a problem in DCF care or custody

Get more information and legal help

GLAD Answers for the LGBTQ Community. Speech bubble with envelope, phone, and chat symbols.

For more information about your rights and protections, and for referrals, you can contact GLAD 答案, GLAD’s free and confidential legal information line. Your LGBTQ and HIV legal rights resource!

Updated May 2022