Every child is unique. Your child might be an artist or an athlete; they might love math or English; they might spend their time hunting and fishing, or they might prefer playing Minecraft. Every child's gender and sexuality are unique as well. It doesn't matter who they are, though; they're your kid, and you want the very best for them.
There are plenty of amazing schools out there, full of dedicated educators who recognize that every child is unique and who embrace them no matter what race, ethnicity, gender, or sexual orientation they might be. Unfortunately, though, there are a lot of teachers out there, and even entire school districts, that discriminate against LGBTQ students, that don't treat them fairly, and don't give them the rights they deserve.
When you come across teachers and administrators like that, you need someone on your side who knows the law, someone with experience fighting for student rights. You need someone from the Lento Law Firm Team. The Lento Law Firm Student Defense Team was built to help students. The attorneys at the firm know the law, and they understand how district policies work. Most important of all, though, they are committed to the proposition that all students deserve fair treatment. They'll do whatever it takes to make sure your LGBTQ child gets the education—the full and fair education—they deserve.
What Are the Typical Problems LGBTQ Students Face?
If your child is just starting school, or you've been lucky enough up to now to be in a district that treats LGBTQ students with the respect they deserve, you may not realize just what kinds of issues some LGBTQ students have to deal with. Again, these problems are not universal to every school district, but they are issues you need to be on the lookout for.
- Classroom Issues: Students—especially elementary and middle school students—spend the bulk of their time in a single classroom. What happens in that classroom, then, can have an enormous impact on their educational, social, and emotional development. Obviously, it's essential that their teacher accept their sexual orientation and celebrate all of the unique aspects of their personality. Beyond this, though, the best teachers are those who shape their curricula to suit a wide variety of learners, including those who are part of the LGBTQ community. They also need to be cognizant of how other students in the class may treat your child. The fact is, many children come to school not yet having learned how to treat others who are different from them. It's the teacher's responsibility to model this behavior and to correct problems when they occur. If your child's teacher isn't doing all they can to make your child feel safe and comfortable in the classroom environment, we can help.
- Textbook and Curricular Issues: Even if your child's teacher is sensitive to LGBTQ student needs, you can still face classroom issues from the district itself. If you live in a state or community where government officials are hostile towards LGBTQ needs, you may find that the curriculum is designed to create prejudice against your child. As you know, this type of prejudice isn't always obvious, and it is important you pay careful attention to ways books, learning modules, and other education materials may be set up to create exclusionary environments or to give hetero-normative students an unfair learning advantage.
- Extracurricular Issues: Students need to feel a sense of belonging beyond their classrooms as well, and this means a school needs to pay careful attention to how extracurricular activities are structured. Clubs and sports teams need to be open and welcoming to all students and often need to make a special effort to ensure LGBTQ students feel included.
Another consideration when it comes to extracurriculars is whether or not your school offers an LGBTQ club. This can be one of the most important ways to ensure LGBTQ students feel empowered, and such clubs can play a crucial role in normalizing LGBTQ issues for other students at your school. Yet, increasingly, such clubs are coming under attack, which can wind up increasing LGBTQ students' anxiety. If your school's clubs and teams have discriminated against your child, or there are issues surrounding the creation of an LGBTQ organization, it may be time to seek legal representation from the attorneys at the Lento Law Firm.
- Bathroom Access: Bathroom access for LGBTQ students has become a hot-button issue in our current social and political climate. It's also a particularly sensitive issue, especially for young children who are trying to learn how to navigate public spaces. If your school or district is trying to restrict your child's bathroom access, you need an attorney who understands the psychological and emotional stakes. You need someone from the Lento Law Firm Student Defense Team.
Dealing With Administration
Increasingly, school districts operate using a top-down structure. That is, teachers are subject to policies and rules set up by a school's principal, and the principal is required to follow an educational philosophy set forth by the district's board, superintendent, and other administrators.
This structure means that talking with your child's teacher may not be enough to make sure they're treated fairly. Protecting your LGBTQ student's rights may involve taking on the district itself, and that's a far more daunting prospect. District officials don't, as a general rule, like to have their decisions questioned. It's also worth keeping in mind that many districts retain legal counsel to deal with parent complaints. If you want to challenge a closed-minded district on an even playing field, you need legal representation as well.
In addition, a school board can be especially influenced by public opinion. In many districts, board members are elected, and they're often unwilling to stand up for what's right, even when they know they should if doing so might put their position in jeopardy. This means that you don't just need an attorney who will fight for your child's rights but one who knows how to navigate the often delicate social and political landscape of local communities. The attorneys at the Lento Law Firm Student Defense Team recognize that LGBTQ issues—particularly school-based issues—can involve a public component. They're skilled at working with media and communicating in public forums, and they're ready to put these skills to work for you.
What Are Your Rights?
Despite what you might hear in the media and from certain politicians, your child's LGBTQ rights are protected by a number of federal laws, beginning with the US Constitution itself. The First Amendment, for example, gives you and your child the right to free speech. The “Equal Protection” clause of the Fourteenth Amendment ensures that school districts cannot discriminate against students for their sexual orientation.
Additional LGBTQ rights derive from the Civil Rights Act of 1964, from Title IX of the 1972 Education Amendments, and from federal disability rights laws, the Equal Access Act, and the Family Education and Right to Privacy Act (FERPA).
Just what rights do all of these laws grant to you and your child?
- Freedom from religious discrimination
- Freedom from harassment
- Freedom to express your support for LGBTQ rights in your dress
- Freedom to form and participate in gay-straight alliances
- Freedom to attend proms, dances, and field trips
- Freedom to use the bathroom that matches your gender identity
- Freedom to play on sports teams that match your gender identity
- Freedom to date anyone you want
Any time you feel your child's rights are being violated or even threatened, the Student Defense Team at the Lento Law Firm is on your side and ready to help.
How Do You Defend Your Rights?
There are a number of options when it comes to protecting your child's rights as an LGBTQ student. The best option, though, is going to depend on your specific situation. Generally speaking, you want to start by taking your concerns and complaints up the chain of command in your district.
- Teacher: You may want to start by discussing any concerns you have with your child's teacher. A surprising number of issues can be cleared up once everyone is aware of what is happening.
- Other School Staff: Likewise, many problems are solved simply by bringing problems to a staff member's attention. This includes everyone at your school, from teacher's aides and lunchroom personnel to coaches and counselors.
- School Administration: Of course, there are times when you may need to speak directly to the principal, vice principal, or other administrators at your child's school. If your child's teacher, for example, isn't receptive to your concerns, it may be worthwhile talking the issue over with someone with more authority.
- School District: The next step up the chain of command is your district board and other administrators. You may need to speak to someone at this level, especially if the problem seems to originate with district rules and policies. You can speak to administrators personally. In addition, though, you can express your concerns at school board meetings, and all districts have processes and procedures for formally filing complaints.
- Office of Civil Rights: You can file formal complaints with the federal Department of Education's Office for Civil Rights. This office can often bring pressure to bear that you can't bring on your own.
- Legal Action: Finally, you have the right to file a civil suit against your school district or individuals who may be mistreating your child.
It's not always easy to know which option is right in your particular situation. The Student Defense Team attorneys at the Lento Law Firm have the background and experience to advise you on exactly what is your best move.
No matter which option is right for you, though, the Student Defense Team attorneys at the Lento Law Firm can help. They're well-versed in the art of negotiation and can help you start a conversation with a teacher or administrator about your concerns. On the other hand, if your district refuses to take your complaint seriously, Lento Law Firm attorneys can be tenacious in fighting for you and your child's rights, whether that's in a district hearing, a Department of Education hearing, or a court of law.
Finding the Right Attorney
You shouldn't ignore the stakes when it comes to fighting for your child's LGBTQ rights. As an elementary or middle school student they're still developing mentally, socially, psychologically, and emotionally, and how they are treated at school can have an enormous impact on this development. They need—and they deserve—a caring, welcoming environment, one in which difference is celebrated and they're provided equal opportunities to all other students.
At the same time, the issues in these cases can be extraordinarily complex. LGBTQ rights are always the subject of social and political discourse. Many of the laws that protect LGBTQ rights were originally passed with other goals in mind, and judicial interpretation plays a large role in their use. Plus, educational law in and of itself can be difficult to navigate.
As a result, you can't expect all attorneys to have the knowledge and skills to provide you with the best legal representation. The right attorney for an LGBTQ school case will have studied the specifics of educational and LGBTQ legislation as well as case law. They'll have experience working with students and protecting student rights. They'll know how school district judicial procedures work, but they'll also be adept at facilitating negotiations. In short, the right attorney is an attorney from the Lento Law Firm Student Defense Team.
What Can the Lento Law Firm Student Defense Team Do for You?
Your child deserves to be respected and included in their school. They deserve not just an education but an education in a caring, supportive environment. And, as their parent, you are always right to stand up for them.
The fact is, though, that LGBTQ issues in education have become a minefield. Every side wants to use LGBTQ rights and access as a means of rallying their base. Plenty of educators still don't understand their responsibilities when it comes to these rights, others simply haven't been trained well enough to respond to problems that come up in the classroom, and still, others have become cowed by extremist voices in their communities.
The bottom line is that these are complex issues but issues that you need to address to keep your child safe. What do you do? You let an attorney from the Lento Law Firm Student Defense Team walk the minefield for you. We know where the dangers lie, and we know how to keep you and your family safe while protecting your rights.
To find out more about exactly what the Student Defense Team at the Lento Law Firm can do for you, contact us today at 888-535-3686 or use our automated online form.
