Many schools and colleges don't prioritize inclusivity and or provide adequate support for LGBTQ+ students. As a result, these students often face bullying, harassment, and discrimination, which negatively affects their education compared to their non-LGBTQ+ peers. Unfortunately, K-12 schools and higher education institutions tend to overlook these struggles and have policies that hinder LGBTQ+ students instead of helping them.
If you are an LGBTQ+ college student or a parent of an LGBTQ+ student in K-12 education, you may encounter discrimination at your school. Schools that don't offer the necessary assistance to LGBTQ+ students leave them to deal with mistreatment from their peers, teachers, or staff on their own.
At the Lento Law Firm, we're committed to supporting students who face these difficulties. Our Education Law Team, serving Arkansas and the entire nation, is prepared to provide the legal guidance needed to protect your rights. To schedule a consultation, contact us at 888-535-3686 or through our online contact form.
Which Problems Do LGBTQ+ Students Typically Face?
Despite making up less than a quarter of the student population in high schools and colleges, LGBTQ+ students face a disproportionate amount of bullying and harassment. Problems that students often have to deal with include:
- In-person and online harassment
- Sexual assault
- Discrimination from school staff
- Derogatory comments about identity
- Inadequate facilities
- Being forced to use names or genders that do not align with identity on official documents
- Decreased sense of empowerment in education
- Unwanted physical advances
- False information on social media
- Unfair policies
- Exclusion from activities
- Restrictions on protests and meeting spaces
- Lack of support from the school administration
- Insufficient training for faculty and staff
These obstacles can have a significant impact on the mental well-being of LGBTQ+ students, potentially leading to depression, bipolar disorder, PTSD, anxiety, eating disorders, and an increased risk of self-harm or suicidal behaviors.
Pervasive Harassment Can Lead to a Hostile Environment
When a student is consistently mistreated, making it difficult for them to participate in school activities or classes, it's referred to as a "hostile environment." LGBTQ+ students often face severe bullying and harassment, leading to a sense of discomfort that makes attending school challenging. These students struggle to keep up with their academic work and maintain satisfactory grades when in a hostile environment, whether in high school or college.
Many students dealing with harassment are too scared to seek help, as they fear potential consequences if they report incidents. The mistreatment doesn't only come from their peers—a large number of LGBTQ+ students also face harassment from school staff. When bullying and discrimination come from a faculty member, students are even less likely to speak up. They assume that their complaints will be disregarded and instead choose to suffer in silence.
Arkansas LGBTQ+ Students Have Rights
The rights of students in public schools are protected by both federal and state laws. LGBTQ+ students and their parents should know these laws to effectively combat any mistreatment or bias.
Title IX
Title IX is a federal law that ensures fair treatment for all students, regardless of their sexual orientation or gender expression. It applies to both primary and secondary education, as well as colleges and universities. This regulation prohibits your educational institution from refusing you access to courses, involvement in school-related events, or bias based on your LGBTQ+ status.
Diversity, Equity, and Inclusion Policies
Diversity, Equity, and Inclusion (DEI) statements are becoming more common in both higher education and K-12 schools. They spell out the school's policies concerning the rights of all students in relation to their status (for example, race, national origin, and religion, as well as gender and sexual orientation). DEI policies are crucial in promoting fair treatment and are typically developed by school boards or individual schools. When filing a complaint, citing your school's DEI statement can support your case for equal treatment.
Arkansas State Law
Students in Arkansas public schools are protected from bullying by the state's anti-bullying law. No one may intentionally harass, intimidate, humiliate, ridicule, defame, threaten, or incite violence by a public school student based on a perceived or actual characteristic known as an “attribute.” The law defines these protected attributes as race, color, religion, ancestry, national origin, socioeconomic status, academic status, disability, gender, gender identity, physical appearance, health condition, or sexual orientation.
Arkansas state law is confusing when it comes to the rights of LGBTQ+ students. If you want to go up against your school district or university, it's essential that you have an education lawyer familiar with Arkansas state law by your side.
How An Education Law Attorney Can Help Arkansas LGBTQ+ Students
Being an LGBTQ+ student can be overwhelming and frustrating when you have to face bullying and harassment. It's important to approach these difficulties with caution and take a systematic approach. You need a plan for dealing with discrimination at school, and it helps to know federal and state laws that cover your rights as a student. Asking school officials for equal treatment can be intimidating, though, especially if you are not well-versed in your state's civil rights laws. Any mistakes in your reasoning can make the situation even more complex.
At the Lento Law Firm, we understand the unique challenges that LGBTQ+ students encounter, and we're here to offer our assistance. Our team of Education Law attorneys can provide the necessary support for addressing problems at your school. We offer guidance and help in navigating the administrative or legal procedures, as well as identifying relevant school policies and laws. Our team will also prepare you for discussions with school officials. By entrusting us with your case, you can focus on what truly matters: your education.
Contact the Lento Law Firm to Protect Your Rights
The Lento Law Firm's Education Law Team can help you fight for your rights to equal treatment at school. Our team is ready to start working on your case. Call us at 888-535-3686 or send us your information, and a member of our team will reach out to you.
