Know Your Rights: LGBTQ Students in Massachusetts Public Schools

Students have the right to free expression at school if that expression does not cause substantial disruption or invade the rights of others.^[1]

• Students have a right to be out as LGBTQ at school and to wear clothing, makeup and hair styles consistent with their gender identity.^[2]
• If a school permits extracurricular clubs, students have a right to create a GSA in public middle and high schools, and that group must be treated equally to every other non-curricular campus group.^[3] In fact, the Massachusetts government has established the Massachusetts GSA Leadership Council to bring together LGBTQ students and allies across the Commonwealth for policy collaboration.^[4]  This Council was established by the Massachusetts Commission on LGBTQ Youth, an independent agency in the state government.^[5]
• Schools may not prevent students from inviting a person of their choosing to a school dance or prom solely on the basis of a date’s gender or sex.^[6]

[1] See the student speech Know Your Rights materials for more information. https://www.aclum.org/en/know-your-rights/know-your-rights-student-free-.... G.L. c. 71, § 82, https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71/Sect... Tinker v. Des Moines, 393 U.S. 503, 513 (1969) (student speech is not immunized from discipline if it “materially disrupts classwork or involves substantial disorder or invasion of the rights of others”). Please note that while the Massachusetts Supreme Judicial Court has interpreted G.L. c. 71, Section 82 to authorize restrictions on student speech only under the substantial disruption prong, Pyle v. Sch. Comm. of South Hadley, 423 Mass. 283, 286-87 (1996), in L.M. v. Town of Middleborough, the U.S. Court of Appeals for the First Circuit left open whether schools may also restrict speech when it “invades the rights of others” outside of the context of behavior that rises to the level of bullying. 103 F.4th 854, 874 (1st Cir. 2024) (as of October 2024, the appellant in L.M. has sought review of this decision by the Supreme Court). See also G.L. c. 76, § 5 (schools may not discriminate against students with regard to advantages and privileges of an education based on race, color, sex, gender identity, religion, national origin or sexual orientation); G.L. c. 71, § 37O (schools have an obligation to prevent bullying).

[2] In general, dressing in accordance with one’s gender identity at Massachusetts public schools is a form of free speech, which schools may not violate. Doe ex rel. Doe v. Yunits, No. 001060A, 2000 WL 33162199, *3-5 (Mass. Super. Oct. 11, 2000); Doe v. Brockton Sch. Comm., No. 2000-J-638, 2000 WL 33342399 (Mass. App. Ct. Nov. 30, 2000). In some cities and towns that have adopted G.L. c. 71, § 83, this statute provides further protection, so long as student appearance meets reasonable school standards for health, safety, and cleanliness. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71/Sect... see also, Yuntis, 2000 WL 33342399 at *7 (“[T]his section, which protects a student’s right to personal dress, is a local option statute which applies only to jurisdictions that have chosen to adopt it.”) https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71/Sect.... For the purpose of this document, “gender identity” means the statutory definition of the phrase contained in G.L. c. 4 § 7 and 603 C.M.R. § 26.01. 

[3] 20 U.S.C. § 4071(a); G.L. c. 76, § 5. 

[4] https://www.doe.mass.edu/sfs/lgbtq/GSALcouncil.html

[5] https://www.mass.gov/orgs/massachusetts-commission-on-lgbtq-youth 

[6] This right is protected by the First and Fourteenth Amendments of the U.S. Constitution. See Fricke v. Lynch, 491 F. Supp. 381 (D.R.I. 1980); McMillen v. Itawamba County Sch. Dist., 702 F. Supp. 2d 699 (N.D. Miss. 2010). 

• Students must not be excluded from educational opportunities or school activities based on gender identity or sexual orientation.^[7]
• Students cannot be excluded from participation on a sports team just because they are transgender, which means that transgender girls can generally play on girls’ teams and vice versa.^[8]

[7] G.L. c. 76 §5 provides that “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.” https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter76/sect...

[8] 603 C.M.R. § 26.06(5)) and 603 CMR § 1.00 for charter schools. Generally, transgender girls have the right to play on girls sports teams, and transgender boys may play on boys teams. MIAA similarly upholds this regulation: MIAA Handbook Rule 43.3.1. https://www.miaa.net/educational-athletics/gender-and-participation. 

• Massachusetts law requires public schools to keep individual student records private and secure from individuals who do not have authorized access. Only certain school personnel may access the records when it is necessary to perform their official duties. Parents or guardians may access student records upon request in writing.^[9]
• LGBTQ students and their parents may decide when and with whom their private records are disclosed to staff, faculty, and other students. Before a student is in ninth grade or reaches the age of 14 (whichever comes first), parents have sole authority to decide on disclosures. Between ages 14 and 17, students also have the authority to disclose information in their student record. Once a student is 18, they have the ability to control the disclosure of their student records, except they may not prohibit their parents’ or guardians’ ability to inspect these records.^[10]
• Some schools offer additional support for LGBTQ students to disclose their gender identity and sexual orientation to family members and school officials on their own terms.^[11]

[9] 603 C.M.R. § 23.00. Additionally, 20 U.S.C. § 1232(g) is a federal law that protects students’ personally identifiable information. 
[10] 603 C.M.R. §§ 23.01 and 23.07.
[11] See Foote v. Ludlow Sch. Comm., No. 23-1069, 2025 WL 520578 (1st Cir. Feb. 18, 2025). More information contained in section V.

• Bullying and harassment by other students, as well as by school staff and faculty, is prohibited by Massachusetts law. The law also extends to bullying that occurs off campus (e.g. on buses or online) but negatively impacts the learning environment at school.^[15]
• Retaliation for reports of bullying is likewise prohibited. Retaliation includes intimidation, reprisal, or harassment against a person who reports bullying or provides information during an investigation about bullying.^[13]
• Schools are required by Massachusetts law to develop and adhere to a plan to prevent and address bullying on the basis of sexual orientation and gender identity.^[14] Schools are also required to respond promptly if they know that a student has experienced bullying, discrimination, or harassment on that basis.^[15]
• At least once annually, teachers and school personnel must receive training to prevent and respond to incidents of bullying and harassment.^[16] The training must include education on issues specific to LGBTQ students.^[17]
• Massachusetts public schools must also teach students about bullying prevention every year from kindergarten through twelfth grade.^[18]

[12] G.L. c. 71 § 37O(a)-(b). This anti-bullying statute has provisions that apply to all schools, whether public, private, or charter. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71/sect.... Harassment on the basis of gender identity or sexual orientation is sometimes also prohibited under federal law, but some enforcement changes may occur under the Trump administration. 20 U.S.C. § 1681; 34 C.F.R. § 106.10.
[13] G.L. c. 71 § 37O(b); 603 C.M.R. § 49. 
[14] G.L. c. 71 § 37O(d)(3). https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71/sect....
[15] 603 C.M.R. §§ 26.07(2)-(3). 
[16] G.L. c. 71 § 37O(e)(2). https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71/sect....
[17] 603 C.M.R. § 26.07(3).
[18] G.L. c. 71 § 37O(c). https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71/sect...
 

Under the DESE guidance^[19], school staff and faculty should: 

• Call students by their preferred name and pronouns and include the appropriate gender marker on student records and identification cards where applicable.
• Allow students to use bathrooms, locker rooms, and changing facilities according to their gender identity and provide accommodations and private changing areas as necessary. 
• Create a supportive environment for students to talk to adults at school about gender and sexual orientation, to come out on their own terms, and to get student consent before disclosing the student’s gender identity or sexual orientation to their family or others.^[20]
• Include LGBTQ topics in curricula.^[21] DESE and the Massachusetts Commission on LGBTQ Youth also publish a list of resources for age-appropriate LGBTQ curricular materials.^[22]
• Provide information about LGBTQ issues in school libraries and student and faculty resource centers. 
• Designate a staff member to assume a leadership role in educating the school community on LGBTQ issues.
• Assist LGBTQ students and their families in accessing counseling and other resources. 

[19] DESE released guidance on creating a safe and supportive school environment for LGBTQ students, which they published here: https://www.doe.mass.edu/sfs/lgbtq/Principles-SafeEnvironment.html. They also published guidance on gender identity, which can be found here: https://www.doe.mass.edu/sfs/lgbtq/GenderIdentity.html. The information in Section V refers to these sources.
[20] A Massachusetts federal court recently ruled that a school’s policy to support students’ gender transition without parental notification was constitutional. The litigation is ongoing on appeal. Foote v. Town of Ludlow, No. CV 22-30041-MGM, 2022 WL 18356421 (D. Mass. Dec. 14, 2022). The DESE guidance on gender identity states, “The responsibility for determining a student's gender identity rests with the student or, in the case of young students not yet able to advocate for themselves, with the parent.”
[21] In accordance with 603 C.M.R. § 26.05(1), which states: “[a]ll public school systems shall, through their curricula, encourage respect for the human and civil rights of all individuals regardless of race, color, sex, gender identity, religion, national origin or sexual orientation.”
[22] https://www.mass.gov/info-details/safe-schools-program-for-lgbtq-students; https://www.doe.mass.edu/sfs/lgbtq/ 
 

• Make sure that you are safe first. Tell an adult if you are experiencing bullying, harassment, or discrimination. Parents, teachers, counselors, and friends can be an important support system. When possible, log the incident and your report in writing.
• Consult your school’s bullying prevention and intervention policies and report the incident according to your school’s procedures. Each school is required to publish its reporting procedures clearly in its bullying response plan.^[23] Schools are legally required to act promptly when they receive reports of bullying, discrimination, or harassment. Note that schools must also notify both your parents and the parents of the bully when there is a reported bullying incident.[24]
• If your school administration does not act or their action is insufficient, you may also report the incident to the DESE Problem Resolution System.^[25] You are not required to be represented by a lawyer for this process. 
• Violations of state discrimination law may also be filed with Massachusetts Commission Against Discrimination (MCAD).^[26] You are not required to be represented by a lawyer for this process.
• Harassment or intimidation may also be reported to the Massachusetts Office of the Attorney General.^[27] You are not required to be represented by a lawyer for this process. 
• If you need help, ACLU of Massachusetts can provide legal assistance or a referral to attorneys who can help with your specific situation. You may send a request online or email us at legalresources@aclum.org. 

[23] G.L. c. 71 § 37O(d)(2). https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71/sect... 603 CMR 49.04. 
[24] Id. 
[25] https://www.doe.mass.edu/prs/intake/default.html 
[26] https://www.mass.gov/how-to/how-to-file-a-complaint-of-discrimination 
[27] https://www.mass.gov/how-to/file-a-civil-rights-complaint 
 

1. DESE Safe Schools Guidance
2. DESE Gender Identity Guidance
3. Massachusetts Safe Schools Program for LGBTQ Students and DESE Safe Schools Program (These pages include information on inclusive curricular materials and other resources)
4. Massachusetts GSA Leadership Council
5. Massachusetts Commission on LGBTQ Youth
6. Reporting: DESE Problem Resolution System
7. Reporting: MCAD Discrimination Complaints
8. Reporting: Attorney General Civil Rights Complaints