Good morning, Madam Chairman and other members of the committee.  My name is Robert Uebel, and I live in Fargo.  I am co-chair of Equality North Dakota, the statewide advocacy organization for gay, lesbian, bisexual and transgender North Dakotans, and I'm speaking today in support of Senate Bill 2216 and the amendments offered by Sen. Christensen. 

Equality North Dakota firmly believes that all students deserve a safe school environment in which they are free from harassment, bullying and discrimination.  We are particularly concerned that such an environment does not yet exist for gay, lesbian, bisexual and transgender youth in North Dakota schools.  Far too often, verbal and physical harassment are part of the daily school life of GLBT youth in our state.  We have included written testimony from several individuals which documents the harassment they faced in our schools and the failure of administrators to take action to remedy the problems.

Just as recently as a month ago, a case in Kindred, North Dakota came to light where two individuals spoke of having been verbally harassed by a school employee and other students for allegedly being gay.  According to their complaint, the school principal failed to adequately investigate the matter and take their reports of harassment seriously.  The former students had to file a federal complaint before their concerns were addressed by school officials.  To my knowledge the students were not seeking a financial settlement; they merely wished to have the harassment and the lack of response acknowledged and have steps taken to prevent the same thing from happening to other students in the future. 

Senate Bill 2216, as it currently stands, does not include any specific protection for GLBT students, since all categories which were originally in the bill were removed in the Senate.  A vague grievance procedure without enumerated categories is 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.  Or it may be the case that teachers and administrators 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.

There is now extensive evidence that GLBT students are disproportionately targeted for harassment and discrimination in our nation's schools.  The 2001 National School Climate Survey indicated that over 80% of GLBT students reported being verbally harassed because of their sexual orientation; nearly 70% reported feeling unsafe in school.  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.

No detailed statistics are available for GLBT students in North Dakota, because, to the best of our knowledge, student surveys have not included questions regarding sexual orientation.  This fact alone shows that the concerns of GLBT youth in North Dakota are not being adequately addressed by our state's schools.  Furthermore, North Dakota is the only state in the country without a single high school gay-straight student alliance.  Far too often, issues regarding sexual orientation are simply ignored in our state, because they are seen as too controversial or too politically unpopular.  Many continue to claim that there just aren’t  many GLBT people in North Dakota or that our call for full equality under the law constitutes some sort of sinister “gay agenda.”

The unsupportive attitudes many GLBT youth encounter in school only serve to further paint North Dakota as a state which is unwelcoming to those who are perceived as "different."  Is it any wonder that GLBT youth often see no future for themselves in North Dakota and leave the state in droves?  At a time when many in our state are looking for ways to keep our young people here, we need to send the message in our schools that all students are worthy of our full respect.  Thank you.