As the parent or guardian of an LGBTQ+ child attending school in Montana, you know better than most how difficult it can be for your child to be themselves in an environment that often may be less than welcoming, if not openly hostile, to their sexual orientation or gender identity. Montana has few laws or policies in place that protect LGBTQ+ students from discrimination, and students can find themselves facing challenges not only from other students but from school faculty and staff as well. Fortunately, where Montana state laws are lacking, there are some federal laws that can help make sure your child receives the kind of education they deserve.
The Lento Law Firm Student Defense Team has helped LGBTQ+ students around the country protect their rights in grade, middle, and high schools – as well as once they reach college. If you have questions about how we can help protect and enforce your child's rights, contact us today at 888.535.3686 to schedule with one of our experienced education law attorneys.
Common Issues for LGBTQ+ Students
LGBTQ+ students across the country, including in Montana, regularly find themselves targeted for abuse by classmates because of their sexual orientation, gender expression, or gender identity. Faculty and staff may join in, or even if they don't, they may fail to take steps to protect LGBTQ+ students from discrimination and harassment. Discrimination against LGBTQ+ students typically takes several forms:
- Verbal harassment. These include anti-LGBTQ+ comments, including using negative or phobic labels against other students.
- Physical assaults. It's not unusual for LGBTQ+ students to be the target of physical assaults at school. While physical bullying can happen to any student, it tends to happen more frequently to LGBTQ+ students, particularly those students who are out.
- Discrimination by the school. This can happen when school personnel refuse to use the LGBTQ+ student's chosen name or the gender pronouns that align with their gender identity; force students to use the bathroom or locker room according to the gender assigned at birth; or penalize students for wearing “inappropriate” clothing based on their birth gender, particularly when other cisgender students are allowed to wear the same type of clothing.
- Many Montana schools have no comprehensive anti-bullying policy, one that specifically prohibits bullying on the basis of sexual orientation or gender identity. And very few, if any, Montana schools have policies designed to support trans or nonbinary students.
That's not to say that all schools or school personnel are hostile to LGBTQ+ students. In some cases, existing state laws may provide a remedy for students who are bullied, harassed, or discriminated against based on their gender identity or expression or their sexual orientation. Federal law can also provide some help in certain cases. And individual school districts may, but in most cases don't, provide protections to LGBTQ+ students that Montana state laws don't.
LGBTQ+ Rights in Montana
Montana has few, if any, laws that specifically protect the rights of LGBTQ+ students attending its public schools. GLSEN, a nationwide organization that advocates on behalf of LGBTQ+ students, gives Montana a -1 (negative 1) rating on a scale of 0 to 7 for its “discriminatory policies that disaffirm or exclude LGBTQ+ youth.” There are no laws or policies in place that specifically support LGBTQ+ youth and negative policies – such as a prohibition on transgender students participating in sports except in a manner consistent with the gender assigned at birth.
Moreover, Montana lacks a number of other protections that other states have for LGBTQ+ students, such as specific anti-harassment and anti-bullying laws, non-discrimination acts that mention LGBTQ+ students, and inclusive curriculum standards. The Maximum Advancement Project, a nonprofit think tank focusing on “equality and opportunity for all,” notes that Montana specifically requires schools to notify parents of “LGBTQ-Inclusive Curricula,” and to give those parents the right to opt their children out of that instruction.
Some of Montana's more restrictive laws may result in schools violating one or more federal laws, including Title IX rules that protect students and others from discrimination based on sex and sexual orientation, with recent rule changes adding protections for gender expression and identity. Because the Title IX rules and other laws relating to LGBTQ+ rights frequently change, the best way to determine whether you and your child may have a remedy for LGBTQ+ harassment or discrimination is to discuss your case with the Lento Law Firm Student Defense Team.
Remedies for Violations of LGBTQ+ Rights in Montana
There are typically several potential ways to remedy discrimination or harassment against your LGBTQ+ student.
The first level is to review the school or school district rules, policies, and procedures that may apply to harassment or discriminatory conduct. Where there are written policies, schools and school districts are generally required to follow them. If they fail to do so, they can often be sued to force them to abide by their own rules. The suit would seek a court order directing the school to do so.
In many cases, of course, things don't get that far. Holding a meeting with school officials, particularly if you are accompanied by an experienced education law attorney, can sometimes remedy the situation. These meetings can be particularly effective when both sides understand that failing to resolve the matter is likely to lead to a lawsuit.
In other cases, schools may violate federal law, such as the Title IX requirements that apply to every school that accepts any federal funding – meaning all public and a number of private schools. In situations where the school's actions (or lack of action) violate Title IX, a federal lawsuit can result in a court order directing the school to change its behavior.
Working with an experienced attorney from the Lento Law Firm Student Defense Team means you will have someone in your corner who understands the laws and policies that apply at your particular Montana school. We will help you defend your child's rights – whether that involves a meeting with school personnel or a federal lawsuit against the school district.
How the Lento Law Firm Can Help LGBTQ+ Students in Montana
The Lento Law Firm Student Defense Team includes experienced education law attorneys who are ready to help you protect your LGBTQ+ child's rights in Montana schools. We understand how challenging it can be to protect LGBTQ+ rights in a state that lacks many laws designed to help ensure that LGBTQ+ students are not harassed or discriminated against. We're ready for that challenge and are here to help you and your child remedy what can feel like impossible situations.
Our education law attorneys know the policies, state laws, and federal laws and rules that can be used to protect your child's rights, and we will use our knowledge and our experience to help your child. Whether at the grade school, high school, or college level, the Lento Law Firm Student Defense Team is able to help.
If your LGBTQ+ child is being harassed or discriminated against at their Montana school and nothing is being done about it, call the Lento Law Firm Student Defense Team today at 888.535.3686 or schedule a confidential consultation online. We understand how difficult this can be for you and your child, and we are here to be your ally and your advocate.
