Although some schools and colleges emphasize inclusivity and provide support for LGBTQ+ students, many do not. LGBTQ+ students frequently encounter issues such as bullying, harassment, and discrimination—which negatively affects their educational experience compared to their non-LGBTQ+ counterparts. K-12 schools and higher education institutions don't recognize these struggles, and this leads to school policies that hinder, rather than help, LGBTQ+ students.
Whether you are an LGBTQ+ student in college or a parent of an LGBTQ+ student in K-12 education, you might face discriminatory practices at your educational institution. Schools often fall short of offering the support needed for LGBTQ+ students dealing with negative treatment from peers, faculty, or staff. At the Lento Law Firm, we are committed to supporting students who face these challenges. Our Education Law Team, serving New York and nationwide, is ready to provide the legal assistance necessary to protect your rights. Call us at 888-535-3686 or via our online form to arrange a consultation.
What Problems Do LGBTQ+ Students Typically Deal with?
Despite representing less than a quarter of the student body in high schools and colleges, LGBTQ+ students disproportionately face bullying and harassment compared to their non-LGBTQ+ counterparts.
Key issues LGBTQ+ students face are:
- Experiencing harassment or bullying, both in-person and online
- Facing sexual assault and harassment
- Discrimination by school personnel
- Hearing slurs or derogatory remarks about their identity
- The absence of inclusive facilities
- The compulsion to use legal names or genders that do not align with their identity on official paperwork
- A diminished sense of empowerment in their education
- Hearing negative language and slurs from others
- Receiving unwanted physical advances
- Dealing with the spread of false information or rumors through social media
- Policies that unfairly penalize transgender students for choosing bathrooms that match their gender identity
- Being barred from joining certain extracurricular activities due to their gender identity or sexual orientation
- Facing restrictions on public demonstrations or accessing meeting spaces on campus
- Lack of support from school administration and insufficient training for faculty and staff on LGBTQ+ issues
These difficulties can severely affect LGBTQ+ students' mental health, potentially leading to depression, bipolar disorder, PTSD, anxiety, eating disorders, and increased risk of suicidal behaviors or self-harm.
Harassment Can Lead to a Hostile Environment
A hostile environment occurs when a student experiences ongoing bullying or harassment to such an extent that they can't do regular school activities because they feel so uncomfortable. LGBTQ+ students who face this kind of treatment on a regular basis may be in a hostile environment, whether on campus or in their school setting. Keeping up with classes and managing academic responsibilities becomes significantly difficult under constant harassment, bullying, or discrimination. It is unrealistic to expect students to achieve high academic performance if they're in a hostile environment.
Navigating these challenges can transform the school experience horribly. Regrettably, numerous cases of harassment, whether student-to-student or involving faculty, often remain overlooked or are not acted upon by school administrators. Moreover, LGBTQ+ students might hesitate to report such incidents to school authorities, worried that their concerns will be ignored or that reporting might lead to additional harassment from classmates.
LGBTQ+ Students Have Rights
As a public school student, you have certain rights protected by both federal and state legislation. Becoming acquainted with these laws is crucial for self-advocacy in situations involving harassment, bullying, or discrimination.
Title IX
Title IX is a federal statute that guarantees equitable treatment for all students, irrespective of sexual orientation or gender identity. This legislation is applicable to elementary and secondary education levels, as well as higher education institutions. Under this law, your school cannot deny you access to classes, participation in school-sponsored activities, or discriminate against you due to your LGBTQ+ identity.
DEI Statements
Diversity, Equity, and Inclusion (DEI) statements are commonly embraced by higher education institutions, and may also be found within K-12 education, issued by school boards or individual schools. These policies can be instrumental in your pursuit of fair treatment. You can find your school's DEI statement and use it to lend credibility to your case and push for equality in your educational environment.
New York State Law
New York strictly prohibits discrimination in education on the basis of race, color, religion, disability, national origin, sexual orientation, gender identity and expression, military status, sex, age, marital status, and status as a victim of domestic violence. The New York State Attorney General's Office investigates claims of discrimination against students. You can use their online form to submit a complaint about illegal education discrimination as well.
The state of New York also requires every higher education institution to adopt a “Student Bill of Rights” concerning sexual assault and domestic violence. At the Lento Law Firm, our Education Law Team can review all the relevant rules, policies, and laws concerning the rights of LGBTQ+ students in New York to help bolster your case.
Our Education Law Attorneys Can Help
Navigating LGBTQ+ challenges at school can leave you feeling frustrated, overwhelmed, or scared. It's important to approach these issues with caution and develop a sound strategy if you want things to work out in your favor. Even a small error could make things even more difficult for you.
Getting the support of an Education Law attorney from the Lento Law Firm can offer you the guidance needed to tackle these challenges successfully. We support LGBTQ+ students in New York and across the nation in resolving their educational disputes, recommending the most suitable actions to take. Our legal team can identify the applicable school policies, state statutes, and federal laws relevant to your situation. We're also here to help prepare you for conversations with school authorities.
Contact the Lento Law Firm Today
If you're an LGBTQ+ student facing challenges at school, our team is ready to help you stand up for your rights. Call us at 888-535-3686 or fill out our contact form, and we'll get back to you quickly.
