Modern society has made it easier for LGBTQ+ students at all levels of education to express their sexual orientation and gender identity openly. However, it doesn't mean that the road to graduation is devoid of obstacles. From navigating negative or malicious comments to managing situations of violent victimization, students identifying as transgender or non-binary face significant ongoing challenges. Academic goals are easily affected by confronting alienation, hostility, mockery, and even institutional discrimination.
Although state and federal laws have established protections for LGBTQ+ students facing mistreatment and prejudice, the biggest barrier to justice can be inaction. Regardless of the situation, any student, no matter what level of education, has the right to retain professional help to defend them. If you or someone you love has been affected by LGBTQ+ student issues in Kentucky schools, call the Lento Law Firm Student Defense Team at 888-535-3686 or go online now.
Common Problems Kentucky LGBTQ+ Students Face
Every student's journey is unique; therefore, no two individuals will face the same situation: academic success, social acceptance, or anything in between. Nevertheless, there are some commonalities for non-heteronormative students. In a 2021 survey from the Gay, Lesbian, and Straight Education Network (GLSEN), the following are the most common issues LGBTQ+ students face:
- Bullying and harassment in school, including online
- Decreased feelings of self-worth
- Discrimination from students, teachers, and staff
- Hostile educational environments
- Lack of adequate resources for success
- Increased chances of being disciplined
- Higher likelihood of mental health struggles
Consequently, students can feel unsafe when attending class. School administrators may work to intervene and maintain order, but many occurrences can go unnoticed or even be brushed off, which leads to further persecution. For instance, GLSEN reports that in Kentucky, 99 percent of LGBTQ+ secondary school students have heard anti-LGBTQ+ remarks. However, negative comments are often the foundation for more severe mistreatment.
Bullying and Harassment in Kentucky Schools
Bullying and harassment are widespread among the LGBTQ+ student community in Kentucky and throughout the U.S. They take many forms but are typically defined as harming a student or a group of students or causing duress verbally, physically, or electronically. Some common examples include the following:
- Aggressive speech referencing a student's or group of students' sexual orientation or gender identity
- Continuous abusive or insulting jokes
- Dissemination of misinformation or creating rumors about a student
- Improper or unwanted physical contact or harassment
- Targeting students through online media circulation
Most schools have policies to intervene when bullying and harassment cause a hostile environment for students or disrupt the daily operation of the school. Yet, Kentucky's gender non-conforming students are still targeted, like the following percentages of Kentucky students in 2021:
- 70 percent experienced verbal harassment.
- 46 percent were exposed to in-school online harassment.
- 32 percent suffered physical harassment.
- 12 percent were victims of physical assault.
Not only does bullying and harassment threaten the mental and physical safety of LGBTQ+ students, but it also infringes upon their right to an education. Yet, peers aren't the only ones that may create a hostile environment; sometimes, it's the school.
Discrimination Against LGBTQ+ Students
LGBTQ+ students may face discrimination from their schools in several ways, from out-of-date institutional policies, a general lack of awareness, or failure to foster an inclusive environment. While many schools have anti-bullying policies, these may not explicitly cover or effectively address instances of harassment based on sexual orientation or gender identity.
In 2021, just 24 percent of LGBTQ+ students reported that their school administration was either "somewhat or very supportive" of LGBTQ+ students. But nearly three in four experienced at least one form of anti-LGBTQ+ discrimination at school, such as the following:
- 37 percent were prevented from using their chosen name or gender pronouns.
- 36 percent were barred from acting out public displays of affection.
- 28 percent were prohibited from wearing clothing deemed "inappropriate" based on traditional gender ideals.
- 23 percent were banned from including gender non-conforming themes in extracurricular activities.
While the federal government is working to ensure schools protect LGBTQ+ students, some institutions may continue to use an older interpretation of discrimination. Some may show prejudice towards LGBTQ+ students by failing to act when a hostile environment exists or disregarding inappropriate behavior and actions.
Kentucky's Approach to Protecting LGBTQ+ Students
Kentucky conforms to plans made at the federal level that protect the rights of LGBTQ+ students in public schools, such as being educated in an environment free from harassment. Title IX holds publicly-funded schools accountable for misconduct against LGBTQ+ students, such as the following:
- Bullying and harassment
- Coercion
- Dating/domestic violence
- Hazing
- Retaliation
- Sexual violence or exploitation
- Gender-based assault
- Stalking
Each school, including K-12 schools and post-secondary institutions, will have a Title IX Coordinator who manages the investigative and disciplinary processes and acts as a central point of contact for all allegations and complaints. Despite Title IX's approach to addressing LGBTQ+ student issues, private schools—such as church-based and religious institutions—have more flexibility within the law on the matter of discrimination.
Additionally, the Kentucky state legislature passed a law in 2023 that restricts the freedoms of LGBTQ+ students in schools. Provisions of the law include but are not limited to:
- Prohibiting conversations around sexual orientation or gender identity in school for students of all grades.
- Banning transgender students from using the bathroom tied to their gender identities.
- Allowing teachers to refuse to use a student's preferred pronouns.
Kentucky LGBTQ+ students are no strangers to victimization. Although K-12 schools, colleges, and universities may fail to fully protect gender non-conforming students, there is an opportunity for defense and redress.
Call the Lento Law Firm Student Defense Team for Help
The Lento Law Firm's Student Defense Team understands the issues LGBTQ+ students face. While society has become more accepting of divergent lifestyles, it doesn't mean individuals aren't still tormented for their freedom of self-expression. Kentucky's schools are institutions of education and not administrators of the law, and students shouldn't rely on their interpretation of student choice.
Our team of attorneys can ensure your child has the protection federal law provides. Retaining our nationwide experience will quell any concerns that LGBTQ+ students are at risk of having their graduation goals disrupted. Call 888-535-3686 to reach the Lento Law Firm Student Defense Team, or go online now.
