As the parent of a child in Florida who identifies as lesbian, gay, bisexual, transgender, queer, asexual, or questioning (LGBTQ+), you probably know that your child's rights are under attack by a state that seems intent on restricting your child simply because of their sexual orientation. As a result, there are very few Florida state law protections in place for LGBTQ+ students at the elementary, high school, and college level, and educators who dare to defy the state's increasing number of restrictions relating to LGBTQ+ students face censure, dismissal, or even prosecution. Fortunately, federal law still applies in Florida, and federal courts there are restricting some of the state's anti-LGBTQ+ laws. If your LGBTQ+ child is being discriminated against in school in Florida, contact the Lento Law Firm Student Defense Team for help. Our experienced attorneys will review your child's case and advise you of your options. Call us at 888.535.3686 or use our contact form to schedule a confidential consultation.
Common Issues for LGBTQ+ Students
Students identifying as LGBTQ+ face challenges at school from other students as well as administrators who appear to believe that when an LGBTQ+ student's sexual identity conflicts with what they believe to be the “norm,” it gives them the right to discriminate against the student. As a result, LGBTQ+ students frequently find themselves discriminated against and even threatened throughout their school years in a number of ways, such as:
- Physical threats and assaults
- Verbal and physical harassment
- Sexual assault and sexual harassment
- Being forced to answer to gender-specific names when they've chosen to use a name other than the one given to them at birth
- Prohibited from participating in gender-specific extracurricular activities except in a way that is consistent with the gender they were assigned at birth
- Being required to conform to gender-specific requirements when using school facilities such as bathrooms or locker rooms, or when following the school's uniform or student dress requirement
In a 2021 survey, anti-LGBTQ+ commentary has measurably increased in Florida, with more than 85% of LGBTQ+ students surveyed reporting being the target of anti-LGBTQ+ remarks in school from other students (up from just over 70% in 2019). More than half were verbally harassed, roughly a quarter were physically harassed, and about 10% were physically assaulted because of their gender, gender expression, or sexual orientation.
School officials also played a role in LGBTQ+ student discrimination. LGBTQ+ students reported administrators refusing to allow students:
- To wear clothing considered “inappropriate” based on the student's stated gender (22%)
- To use a locker room or bathroom that aligned with the student's stated gender (23% and 29%)
- To use their chosen name or gender pronouns (32%)
A 2022 review of various policies in place in Florida relating to LGBTQ+ students concluded that the state “has adopted discriminatory policies that disaffirm or exclude LGBTQ+ youth.”
LGBTQ+ Rights in Florida
Unfortunately, Florida provides little in the way of legislation, rules, or regulations that protect LGBTQ+ students on a statewide basis. Some counties, cities, schools, and school districts may have policies in place that provide more protection than the minimal protection that Florida law offers, though in some cases, those have come under attack by Florida legislation designed to restrict the rights of LGBTQ+ students. In other cases, parents may need to resort to school disciplinary policies that apply to all students, including anti-bullying and harassment policies. All school districts in Florida are required by law to have anti-bullying and anti-harassment policies in place; how these are implemented at the school level can vary widely, however. While school districts are allowed to “establish separate discrimination policies that include categories of students,” the law doesn't specifically protect LGBTQ+ students.
Where Florida laws protecting LGBTQ+ students are deficient, federal laws must take up the slack. The Federal law, popularly known as “Title IX,” generally prohibits schools that accept federal funds – as almost all public schools and many private schools do – from discriminating on the basis of sex. The U.S. Department of Education has stated that it interprets Title IX's prohibition on sex discrimination to include “discrimination based on sexual orientation and gender identity.” (Though Florida's Education Commissioner has argued that schools in the state have "no obligation" to follow the Department of Education's interpretation.) But whether or not Title IX protects LGBTQ+ students in Florida is not up to Florida state officials; it's a matter to be decided by federal courts.
Remedies for Violations of LGBTQ+ Rights in Florida
Because of the lack of specific protections for LGBTQ+ students at the state level in Florida, parents of LGBTQ+ students may have to look to the policies that the school has in place – such as anti-bullying and anti-harassment policies – to determine whether the school has actually applied those policies in situations where their LGBTQ+ child has faced bullying or harassment at school. Where the school hasn't, one remedy can involve filing a lawsuit against the school to require the school to follow its own policies and to seek damages for its failure to do so in the case of the bullied or harassed LGBTQ+ student.
Another possibility may be to file a federal Title IX lawsuit, particularly in situations that don't involve bullying or harassment but do involve a school discriminating against an LGBTQ+ student in some way or another.
Deciding what type of remedy to seek for a particular wrong that's been committed to your child is something the Lento Law Firm Student Defense Team can help you with. Our experienced student defense attorneys understand the federal and state laws (to the extent they exist) that can be used to your child's benefit, to secure their rights, and to provide them with compensation for the harm they've suffered as a result of the school's failure to follow the law.
How an Education Law Attorney Can Help LGBTQ+ Students in Florida
Florida can be a tough state for LGBTQ+ students. An experienced education law attorney can help by listening to your child's situation and providing you and your child with effective options for remedying the problems that they are facing. In most cases, a lawsuit is not the first step; the first step is to bring the matter to the attention of the school principal, school district, or school board and give them a chance to fix it. If they refuse to, or if they fail to follow up on their promises to do so, then a lawsuit may be the best way to get their attention and to remedy the situation.
Contact the Lento Law Firm Student Defense Team
If you're the parent of an LGBTQ+ student in Florida, and your student is being bullied, harassed, or discriminated against at school because of their sexual orientation, contact the Lento Law Firm Student Defense Team to discuss the situation and learn how we can help. We regularly represent students across the country at the elementary, high school, and college level, advising them, advocating for them, and protecting their rights as students and as citizens. We understand how important these kinds of cases are to our clients, and our goal is to be their advocates, to fight for their rights, and to help them be compensated for the wrongs that they've suffered.
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 attorneys. We understand how important your child's future is to you, and we're here to listen and to help.
