Around one-quarter and 17 percent of college students in the U.S. identify as LGBTQ+. While some schools and colleges strive for inclusivity, providing active support and resources for LGBTQ+ students, many do not meet these standards. LGBTQ+ students are more likely to face challenges such as bullying, harassment, discrimination, and unwelcoming environments in educational settings, in both K-12 education and in college. Many schools remain blind to the difficulties LGBTQ+ students face and thus don't create policies that support them.
If you are an LGBTQ+ student at a college or the parent of an LGBTQ+ student in K-12 education, you may have observed that school policies are not uniformly applied. There is often a lack of resources to support LGBTQ+ students in navigating challenges with peers, faculty, or staff effectively. The Lento Law Firm understands the difficulties imposed by educational institutions and is committed to providing support. Our Education Law Team, assisting students nationwide, is equipped to offer the legal guidance necessary to protect your rights. Call us at 888-535-3686 or via our online form to schedule a consultation.
Common Issues for LGBTQ+ Students
LGBTQ+ students face bullying and harassment at rates higher than their non-LGBTQ+ counterparts. The primary issues encountered by LGBTQ+ students are:
- Both direct and online harassment and bullying
- Incidents of sexual assault and harassment
- Biased treatment by educational staff
- Offensive language and comments targeting LGBTQ+ identities
- Lack of access to gender-neutral bathrooms
- Requirement to use official names or genders that misrepresent their true identity in academic records
- Reduced feeling of empowerment within their educational journey
- Unwelcome physical contact
- The circulation of untrue or damaging rumors on social media
- Allegations of sexual misconduct towards transgender students for choosing bathrooms that match their gender identity
- Denial of participation in extracurricular activities based on gender, sex, gender identity, or sexual orientation
- Barriers to LGBTQ+ student advocacy or securing space for gatherings on campus
- Bans on student organizations or activities supporting LGBTQ+ rights
- Limited administrative assistance for students dealing with harassment, bullying, or discrimination
- Lack of proper training for educators and staff on the needs and rights of LGBTQ+ students
These issues can take a toll on the mental and emotional well-being of LGBTQ+ students of all ages. Students dealing with bullying and harassment, like the examples listed above, might also have to deal with depression, bipolar depression, PTSD, anxiety, eating disorders, suicidal thoughts, or self-injury.
When Harassment Becomes a Hostile Environment
Hostile environments emerge when bullying or harassment is pervasive enough to drastically impair a student's capacity for academic engagement or involvement in school activities. LGBTQ+ students who experience harassment or discrimination may end up facing unwelcome or uncomfortable conditions at school, which creates a hostile environment. The challenge of managing schoolwork in such a negative atmosphere greatly complicates academic performance.
These challenges can transform the school environment into a source of significant stress for students across all age groups. Unfortunately, many incidents of conflict, whether among students or between students and teachers, go unnoticed or unreported, resulting in inaction from school administrations. Moreover, it is not rare for LGBTQ+ students to hesitate in reporting these issues due to concerns over potential neglect by school authorities or fear of worsening their circumstances through backlash from peers.
Know Your Rights as an LGBTQ+ Student
As a student within a public education system, you possess certain rights granted by both federal and state laws. Understanding these legal protections enables you to effectively stand up for yourself in instances of harassment, bullying, or discrimination.
Title IX
Title IX is a federal statute established in the 1970s, designed to ensure equal treatment for all students. Schools seeking federal funding are required to adhere to Title IX regulations, which mandate that educational institutions cannot engage in discrimination based on sex or appearance. Consequently, schools are prohibited from restricting students' access to university housing, applying sanctions, excluding them from classes or school-sponsored activities like field trips, or subjecting them to different treatment on the grounds of being LGBTQ+.
DEI Statements
Your school district or university might feature a statement on inclusion, commonly referred to as a diversity, equity, and inclusion (DEI) statement. Typically, these statements are easily accessible, with most institutions showcasing them on their websites. Additionally, your school board or university might have a DEI coordinator or a dedicated department responsible for overseeing inclusion efforts or addressing issues stemming from discriminatory practices. Should you or your child encounter sanctions or any adverse actions from the school that you believe are influenced by sex, gender, gender identity, or sexual orientation, you could use the DEI statement to apply pressure on your school board or campus administration.
School Policies
Most school districts, as well as colleges and universities, have a student handbook that outlines students' rights and responsibilities. This handbook might include anti-harassment or anti-bullying statements that are separate from the DEI statement. They may also specify punishments for students or even faculty who are guilty of discriminating against LGBTQ+ students.
State Civil Rights Laws
Most states have civil rights laws that guarantee equal access to education no matter what your sex, sexual orientation, or gender identity is. Some states also have specific regulations within their departments of education that provide protection against discrimination and harassment for LGBTQ+ students.
At the Lento Law Firm, we can review all the relevant policies, statements, handbooks, and laws to help build a solid case in your favor. We can give you the legal backing you need to stand up to your school and protect your rights.
The Lento Law Firm Helps LGBTQ+ Students with Issues at School
Navigating LGBTQ+ challenges at school can undoubtedly lead to stress and anxiety. Approaching these matters carefully is critical to secure a favorable outcome, as even a minor misstep might make the situation worse. Seeking the assistance of an Education Law attorney from the Lento Law Firm is the best way to overcome these obstacles.
We support LGBTQ+ students across the country, helping them navigate disputes with their schools and recommending strategic actions. Our attorneys can identify applicable school policies, state laws, and federal regulations relevant to your case. We can also prepare you for discussions with school officials.
Contact the Lento Law Firm Today
If you are an LGBTQ+ student encountering challenges at school, or the parent of an LGBTQ+ student, our team stands ready to assist you in upholding your or your child's rights. Call us at 888-535-3686 or fill out our contact form, and a team member will get in touch with you.
