California has some of the strongest protections for LGBTQ+ students in the country. If you are the parent of an LGBTQ+ student, you understand that your child's road is not always an easy one, and it can be very helpful to know that there are laws and policies that recognize and protect your child's rights. The problem, however, is that not everybody follows California's requirements when it comes to protecting the rights of LGBTQ+ elementary, high school, and college students. If you believe your child's rights are not being respected, the Lento Law Firm Student Defense Team can help. Our experienced attorneys understand the laws that benefit LGBTQ+ students in California, and we're ready to fight for your child's rights. Call us today at 888.535.3686, or use our contact form to schedule a consultation to learn more about how we can help.
Common Issues for LGBTQ+ Students
LGBTQ+ students frequently find themselves targeted for abuse or discrimination based on their gender identity. While much of this abuse may come from other students, it's not unusual for teachers, school administrators, and other school personnel to treat LGBTQ+ students unfairly or to disregard their rights under federal or state law. The kinds of behavior that LGBTQ+ students encounter can include:
- Sexual harassment or sexual assault
- Discrimination from school administrators and classroom teachers
- Verbal and online harassment
- Physical abuse, including assaults
- Attempts to force the student to follow gender-specific requirements, such as facility use, name and gender pronoun use, and dress codes
- Restrictions on their participation in extracurricular activities based on their gender identity
This kind of discrimination and harassment is, in most cases, illegal under California or federal law.
LGBTQ+ Rights in California
California has one of the strongest sets of laws protecting LGBTQ+ individuals, including students, in the country. LGBTQ+ students are protected against discrimination based on their “gender expression” and “sexual orientation” in any school “program or activity” that “receives or benefits from” state financial assistance. Students must also be allowed to “participate in sex-segregated school programs and activities” in a way that is consistent with the student's “gender identity, irrespective of the gender listed on the pupil's records.” This includes “athletic teams and competitions.”
LGBTQ+ students have additional rights as well. These include:
- The right to be addressed by a name and pronouns consistent with their gender identity
- The right to dress in a way that is consistent with their gender identity
- The right to use school facilities consistent with their gender identity, including the right not to be forced to use “single-user” restrooms or changing rooms
- The right not to be bullied or harassed, in the same way that all students have the right not to be bullied or harassed
- The right not to be “outed” by school staff without the LGBTQ+ student's permission
- The right to be “out” at school if they choose
These broad protections are primarily available to students attending public schools and publicly-funded charter schools. They may be more limited in private schools, particularly religious schools. The Lento Law Firm Student Defense Team can help you review your child's situation and can advise you of their rights in any school discrimination type of case; contact us to learn more.
Federal law also protects students in schools that accept federal funding from a wide range of discriminatory behavior. These rights often overlap with the rights created under California law, and may provide a secondary remedy depending on the situation.
Remedies for Violations of LGBTQ+ Rights in California
How to enforce your LGBTQ+ child's rights in California will vary depending on the situation. Generally speaking, the first attempt should be to resolve the situation through discussions with the appropriate school or school district officials. In many cases, bringing a discriminatory situation to the attention of the right person can help resolve it quickly, particularly when you are working with an experienced student defense attorney who can help explain to the administrator what their legal obligations to your child are, how those obligations are being violated, and what the potential consequences will be if the matter is not resolved quickly.
Unfortunately, not all situations will resolve themselves quickly or easily. That's where a lawsuit can help. Lawsuits can ask for a court order directing the school or school district to properly apply state law and respect your child's rights. It can also seek financial compensation for the violation of those rights. Our experienced student defense attorneys understand the claims that can be brought in these kinds of situations, the laws that apply, and the court procedures to follow.
Where federal laws have been violated, the lawsuit may be brought in federal court, and can include both federal and state law claims. Deciding what laws have been violated and where to file a lawsuit is another area where the Lento Law Firm Student Defense Team can help.
In some cases, you may need to protect your LGBTQ+ child's rights in the context of a school disciplinary proceeding, for example, where they are being disciplined for protecting themselves from physical or sexual harassment or assault. It is not unusual for school administrators to do an incomplete job of investigating these kinds of situations – where the victim of an attack attempts to protect themselves but is then labeled as the aggressor. The Lento Law Firm Student Defense Team has represented students across the country – including in California – in a wide range of school misconduct proceedings.
How an Education Law Attorney Can Help LGBTQ+ Students in California
Seeing your LGBTQ+ child discriminated against at school, whether by other students or by school faculty or staff, can be very painful for both of you. Working with an experienced student defense attorney can help you sort through and ultimately resolve the situation. At the Lento Law Firm Student Defense Team, we understand what your child's rights are in school under California and federal law. We will work with you to gather the important facts about the problem your child is facing at school. We can be with you when you meet with school officials, explaining to them how their treatment of the situation violates the law, and can help craft effective remedies that will help resolve the situation. And where school administrators or the school district won't act, we can bring a lawsuit that will ask a court to order that they do so.
Contact the Lento Law Firm Student Defense Team
If your LGBTQ+ child's rights are being violated at school in California, whether at the elementary, high school, or college level, contact the Lento Law Firm Student Defense Team for help. Our experienced attorneys understand what the laws are in California protecting those rights and are ready to help you defend those rights in meetings with the school, in disciplinary proceedings, and in court.
Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced student defense attorneys. We are here to help you protect your LGBTQ+ child's rights in school.
