The Massachusetts Board of Elementary and Secondary Education

Information on Safe Schools Program for LGBTQ Students

Board of Elementary and Secondary Education (Board) member Mary Ann Stewart asked to place an item on the October 30 meeting agenda for discussion, relating to Ballot Question 3 and its possible impact on transgender students. This memorandum provides some background information for the Board.

1. Ballot Question 3 concerns the public accommodation law, not the law pertaining to public schools (see paragraph 3, below). A "place of public accommodation, resort, or amusement" is defined as any place that is open to and accepts or solicits the patronage of the general public, such as hotels, stores, restaurants, theaters, sports facilities, and hospitals.

2. Per the Secretary of State's Guide to the 2018 Ballot Questions, "A Yes vote would keep in place the current law, which prohibits discrimination on the basis of gender identity in places of public accommodation. A No vote would repeal this provision of the public accommodation law."

3. A separate law, Mass. Gen. Laws chapter 76, section 5, as amended in 2011, protects transgender students in the Commonwealth by including gender identity among the categories of discrimination that are prohibited in the public schools. It states, "No person shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges and courses of study of such public school on account of race, color, sex, gender identity, religion, national origin or sexual orientation." This education law would be unaffected by the result of the ballot question.

4. In June 2012, the Board of Elementary and Secondary Education voted unanimously to amend the regulations on Access to Equal Educational Opportunity, 603 CMR 26.00, and Charter Schools, 603 CMR 1.00, to incorporate the requirements of the 2011 state law protecting students from discrimination in public schools based on gender identity. These regulations would be unaffected by the result of the ballot question.

5. In March 2015, the Board of Elementary and Secondary Education voted unanimously to adopt Principles for Ensuring Safe and Supportive Learning Environments for LGBTQ Students.

With the Board's leadership on these issues, the Department of Elementary and Secondary Education (Department) has worked with the Massachusetts Commission on LGBTQ Youth, the statewide educational associations, and others to provide guidance, technical assistance, and training to school districts on implementation of the antidiscrimination law. Over the past several years, the Board has heard directly from students, parents, and educators about the positive impact of this work. More information about the Safe Schools Program for LGBTQ Students is available.

General Counsel Rhoda Schneider and other members of the Department staff will be at the Board meeting on October 30 to answer your questions.