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If you are the parent of an LGBTQ+ child in elementary school, high school, or college in Georgia, you know the types of challenges your child faces when they go off to school each day. Georgia is one of the least protective states when it comes to LGBTQ+ student rights, which means that your child may feel as though they're on their own when confronted with harassment, prejudice, and efforts to deny or change who they are – whether it comes from other students, from teachers, or from school administrators. Despite Georgia's efforts to dismiss LGBTQ+ student rights in schools, federal law still applies and, in many cases, can offer some protection. The experienced attorneys from the Lento Law Firm Student Defense Team understand the challenges your LGBTQ+ child faces every day and can help you and your child defend and protect their rights. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation to learn more about how we can help.
Common Issues for LGBTQ+ Students
It can be difficult for any student who is considered “different” to make it through grade school, high school, and even college without being harassed or discriminated against in some way. This, of course, also applies to many LGBTQ+ students, whether or not they've “come out” to their friends, teachers, or school officials. It's not uncommon for LGBTQ+ students to face:
- Harassment, both verbal and physical
- Assaults – physical and sexual
- Exclusion from gender-specific extracurricular activities, such as athletics, unless they participate in a way consistent with their gender assignment at birth
- Requirements that the student uses school facilities according to their birth gender assignment
- Dress code requirements that force the student to dress according to their birth gender assignment
- Refusal to recognize the student's chosen name and gender preferences
In a 2021 survey, more than 87% of LGBTQ+ students in Georgia reported hearing anti-LGBTQ+ comments of one type or another while at school, and more than half were verbally harassed over their gender, gender expression, or sexual orientation (with more than 20% facing physical harassment).
Discriminatory practices didn't only come from other students. School officials also contributed, with LGBTQ+ students reporting that they were prevented from:
- Using the locker room or bathroom aligned with the child's gender (25% and 28%)
- Wearing clothing considered “inappropriate” based on their gender (25%)
- Using their chosen name or gender pronouns (33%)
When it comes to overall policy relating to LGBTQ+ students in Georgia, one analysis found that “Georgia has adopted discriminatory policies that disaffirm or exclude LGBTQ+ youth,” making Georgia one of the least-developed states when it comes to protecting the rights of its LGBTQ+ student citizens.
LGBTQ+ Rights in Georgia
As noted, there is virtually nothing in the way of laws, rules, or regulations in Georgia that specifically protect LGBTQ+ students on a statewide basis. While there may be local laws or school district rules and policies that provide more protections for LGBTQ+ students than what Georgia law offers, those will vary from place to place, and may be difficult to enforce. Schools are required to have anti-hazing and anti-bullying policies and enforcement mechanisms in place, though these don't have to specifically identify LGBTQ+ students as a protected group. In many cases involving acts against LGBTQ+ students by other students, requiring the school to follow its own anti-bullying policies may be the most effective way to respond to chronic harassment situations that take place in school.
Federal law still applies in Georgia and includes protections for LGBTQ+ students that go well beyond what Georgia state law provides. The law known as “Title IX,” for example, prohibits schools that accept federal funding – as virtually all public, and many private schools do – from discriminating on the basis of sex. The US Department of Education interprets the Title IX prohibition on sex discrimination to include “discrimination based on sexual orientation and gender identity.” This opens up federal law and federal courts as one way to protect LGBTQ+ students in Georgia.
Remedies for Violations of LGBTQ+ Rights in Florida
The lack of state laws in Georgia protecting LGBTQ+ students may make it seem as though there are few remedies if your child is harassed, assaulted, or discriminated against in school because of their sexual orientation. This isn't necessarily the case, however. A number of possibilities exist.
If the school is not enforcing its own student disciplinary policies, and your child is being bullied or harassed, and nothing is being done about it, a lawsuit can ask a court to issue an order directing the school to take certain steps consistent with its policies. In some cases, the suit can also seek compensation for the harm caused by the school's failure to enforce those disciplinary policies.
If the violations at school are related to federal law, particularly a violation of Title IX, the suit can be filed in federal court. The remedy would be an order directing the school to stop the discrimination, and in some cases an award of damages where the discrimination was intentional.
Sometimes, of course, the best first step is to bring the matter to the attention of school officials. This can be particularly effective if, at that meeting, you're joined by one of the experienced student defense attorneys from the Lento Law Firm Student Defense Team, who can explain in detail the various ways the school's actions are violating one or more state or federal laws.
How an Education Law Attorney Can Help LGBTQ+ Students in Georgia
Protecting the rights of LGBTQ+ students in Georgia can be a challenge due to the state's lack of laws protecting LGBTQ+ rights. An experienced student defense attorney with an understanding of Georgia and federal law can help you determine what the best approach is to protecting your child's rights in Georgia. In some cases, opening up a dialogue might be the best first step; in others, it may be necessary to file a lawsuit against the school or school district. Particularly when the school was aware of the problems and failed to correct them, a lawsuit may be the next step in the enforcement process.
Contact the Lento Law Firm Student Defense Team
If your LGBTQ+ child is being harassed, assaulted, or discriminated against at their Georgia school, contact the Lento Law Firm Student Defense Team to learn how one of our experienced student defense attorneys can help. We've represented students across the United States, including in Georgia, in situations where their rights were threatened, and we're ready to help you protect your LGBTQ+ child's rights as well. Whether they're in grade school, high school, or college, our attorneys understand the laws, rules, regulations, and policies that can be used to protect their rights, and we can help you and your child remedy harassment, assault, and discrimination based on their sexual orientation.
Call the Lento Law Firm Student Defense Team today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced student defense attorneys. We're here to help you help your child have the future they deserve.
