Many schools and colleges don't provide adequate support for LGBTQ+ students. Students at these schools then face bullying, harassment, and discrimination, which negatively impacts their education and makes going to school unbearable. Unfortunately, this problem is common for both K-12 schools and higher education institutions. When they overlook these struggles, they end up implementing tone-deaf policies that hinder rather than help LGBTQ+ students.
If you are an LGBTQ+ college student or a parent of an LGBTQ+ student in K-12 education, you might have already dealt with discrimination at school. Without the necessary support, LGBTQ+ students have to deal with mistreatment from peers, teachers, or staff on their own.
At the Lento Law Firm, we're dedicated to supporting LGBTQ+ students of all ages. Our Education Law Team, serving Minnesota and the entire nation, is ready to provide the legal guidance needed to protect your rights. To schedule a consultation, contact us at 888-535-3686 or through our contact form.
Problems That LGBTQ+ Students Deal with Most Often
Despite comprising less than a quarter of the student population in high schools and colleges, LGBTQ+ students face more bullying, harassment, and discrimination than their peers. Some of the most common problems students have to deal with are:
- In-person and online harassment
- Sexual assault
- Discrimination from school staff
- Derogatory comments about their identity
- Inadequate facilities such as locker rooms or restrooms
- Not being allowed to use a name or gender that aligns with their identity on official school records
- A decreased sense of empowerment in education
- Unwanted physical advances
- False information on social media
- Unfair policies that target LGBTQ+ students
- Exclusion from co-curricular or extracurricular activities
- Restrictions on holding protests on campus and using meeting spaces for student groups representing the interests of LGBTQ+ students
- Lack of support from the school administration
- Insufficient training for faculty and staff
These challenges can significantly impact 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.
Harassment and Hostile Environments at School
When a student is consistently mistreated, making it difficult for them to participate in school activities or classes, it creates what is known as a "hostile environment." LGBTQ+ students often endure severe bullying and harassment, resulting in a sense of discomfort that makes attending school challenging. In such a hostile environment, whether in elementary school, middle school, high school, or college, these students struggle to keep up with their academic work and maintain satisfactory grades.
Many students facing harassment are too scared to seek help. They fear the potential consequences if they report incidents of bullying or discrimination. The mistreatment is not limited to their peers either—a significant number of LGBTQ+ students also face harassment from school staff. When bullying and discrimination come from faculty members, students are even less likely to speak up, assuming their complaints will be ignored. They choose to suffer in silence instead.
LGBTQ+ Students in Minnesota Have Rights
As a student attending a public school or university in Minnesota, you have certain civil rights. If you identify as LGBTQ+, you are a member of a protected class—mistreatment based on your identity can be considered illegal discrimination. There are several laws and regulations you should know about whether you're an LGBTQ+ student or the parent of an LGBTQ+ student.
Title IX
Title IX is a federal law that guarantees fair treatment for all students, regardless of their sexual orientation or gender expression. It applies to primary, secondary, and higher education institutions. Title IX prohibits educational institutions from denying access to courses, participation in school-related events, or discriminating based on LGBTQ+ status. Colleges and universities that accept federal funding should have a Title IX office or Title IX coordinator to whom students can reach out.
DEI Statements
Diversity, Equity, and Inclusion (DEI) statements are increasingly common in both higher education and K-12 schools. These statements outline the school's policies regarding the rights of all students, addressing factors such as race, national origin, religion, gender, and sexual orientation. DEI policies are essential for promoting fair treatment and are usually developed by school boards or individual schools. When filing a complaint, referencing your school's DEI statement can bolster your case for equal treatment.
Minnesota State Law
Minnesota has one of the strongest human rights laws in the country. The Minnesota Human Rights Act (MHRA) makes it illegal to discriminate in employment, public accommodations, public services, education, credit, and business based on a protected class such as race, religion, disability, national origin, sex, marital status, familial status, age, sexual orientation, and gender identity. Educational institutions specifically may not discriminate when providing benefits or services to students. It's also illegal for these institutions to exclude, expel, or deny admission to a student based on their protected class. The Minnesota Department of Human Rights (MDHR) is responsible for upholding this law and processing complaints about human rights violations.
In addition to the MHRA, Minnesota has a school anti-bullying law. This law compels school districts and charter schools to adopt written policies prohibiting malicious and sadistic conduct involving race, color, creed, national origin, sex, age, marital status, disability, religion, sexual harassment, sexual orientation, and gender identity.
What Can an Education Law Attorney Do for You?
You may feel constantly overwhelmed and frustrated at school as an LGBTQ+ student facing bullying and harassment. You don't have to deal with it alone, though. Our team can help you approach these challenges with caution and a systematic plan. Understanding federal and state laws that protect your rights as a student is essential for dealing with discrimination at school. However, asking school officials for equal treatment can be intimidating, especially if you're not familiar with your state's civil rights laws. We understand the relevant laws in your state and can apply them to your situation. We'll speak to school officials on your behalf and present a convincing case that defends your rights in education.
At the Lento Law Firm, we understand the unique challenges LGBTQ+ students face and are here to help. Our team of Education Law attorneys can provide the necessary support to address problems at your school. We offer guidance in navigating administrative or legal procedures and help identify relevant school policies and laws. Additionally, we prepare you for discussions with school officials. By entrusting us with your case, you can focus on what truly matters: your education.
Reach Out to the Lento Law Firm to Defend Your Civil Rights as an LGBTQ+ Student
Our Education Law Team is ready to help you fight for your rights to a harassment-free education. You deserve equal treatment at school. Call our offices at 888-535-3686 or send us your information via our online form so we can discuss your case with you.
