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All North Dakota students should be treated with respect at school.  Senate Bill 2216 would promote respect for all of our students.

There is now extensive evidence that GLBT (gay, lesbian, bisexual and transgender) students are disproportionately targeted for harassment and discrimination in schools.

The 2001 National School Climate Survey indicated that over 80% of GLBT students reported being harassed because of their sexual orientation.  Nearly 70% of GLBT students reported feeling unsafe in school because of their sexual orientation.

Moreover, studies also indicate that school officials often fail to respond to or, in some cases, even participate in the discrimination and harassment.

The climate of fear created may result in increased absenteeism, decreased academic performance and increased risk of suicide.  The National School Climate Survey also found that over 30% of GLBT students had missed at least one entire day of school in the past month because they felt unsafe.

Anti-harassment policies do not open up schools and teachers to additional legal liability.  In fact, having an effective anti-harassment policy helps schools fulfill their existing legal obligations and protects school districts and teachers from potential liability.

School officials often do not feel comfortable and supported in responding to harassment of GLBT students.  It is conduct – failing to act or failing to act in a reasonable manner – that opens up school districts to liability, not the adoption of an anti-harassment policy.

Blanket prohibitions against discrimination and harassment without enumerated categories are not sufficient to protect GLBT students.

Evidence shows that school officials often do not recognize that anti-GLBT harassment and discrimination are unacceptable behaviors.  Without specifically enumerating sexual orientation as a protected category, many school officials may continue to believe that they do not have a responsibility to respond to anti-GLBT harassment.

Policies promoting respect for all students regardless of their sexual orientation do not violate the religious freedom of school officials who disapprove of homosexuality.

Requiring staff to treat all students with respect and to ensure that all students are provided with a safe and effective learning environment does not impinge on their freedom to hold any beliefs they choose about homosexuality.  The policy simply requires that they fulfill their legal obligation to make sure that no student is harassed or discriminated against and that all are treated with respect.

Source: Gay, Lesbian and Straight Education Network: www.glsen.org