In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
Around one-quarter of high school students in the U.S. identify as LGBTQ+, and approximately 17 percent of college students also identify as LGBTQ+. While some educational institutions prioritize inclusivity and offer support and resources for LGBTQ+ students, many do not. LGBTQ+ students often face challenges such as bullying, harassment, discrimination, and hostile environments, which can negatively impact their academic experience compared to their non-LGBTQ+ peers. When schools fail to recognize these difficulties, it can result in inadequate policies.
As an LGBTQ+ college student or parent of an LGBTQ+ K-12 student, you may encounter unfair treatment from your school. It is not uncommon for schools to lack the necessary resources to assist LGBTQ+ students when they face discrimination or harassment from peers, faculty, or staff. At the Lento Law Firm, we understand the struggles that you may face in your educational institution, and we are here to help. Our Education Law Team offers assistance to students in North Carolina and across the country and can provide you with the necessary legal support to defend your rights. Call us at 888-535-3686 or fill out our form to schedule a consultation.
Problems LGBTQ+ Students Typically Face at School
Although LGBTQ+ students make up less than a quarter of the overall student population in high schools and colleges, they are more likely to experience bullying and harassment compared to their peers.
The main challenges faced by LGBTQ+ students include
- Being targeted with in-person or online harassment or bullying
- Sexual assault and harassment
- Discrimination from school staff
- Derogatory language about their identity
- Lack of inclusive facilities
- Being forced to use their birth name or assigned gender on official documents
- Feeling disempowered in their learning
- Witnessing slurs and negative comments from others
- Unwanted physical contact
- Spreading of misinformation and rumors on social media
- Discriminatory policies such as charging transgender students with sexual misconduct for using the bathroom of their choice
- Exclusion from extracurricular activities based on gender or sexuality
- Limitations on their ability to demonstrate or rent space on campus
- Lack of administrative support and training for faculty and staff on issues related to LGBTQ+ students
These challenges can have a significant impact on the mental health of LGBTQ+ students, leading to issues such as depression, bipolar disorder, PTSD, anxiety, eating disorders, and suicidal thoughts or self-harm.
Dealing with a Hostile Environment as an LGBTQ+ Student
A hostile environment happens when a student faces persistent bullying or harassment, leading to difficulties in completing schoolwork and participating in school-related activities. LGBTQ+ students who encounter such mistreatment may find themselves in a hostile environment on campus or at school. It is extremely challenging for students to keep up with academic demands when they're being harassed, bullied, or facing discrimination on a regular basis. Students can't be expected to maintain high grades in such a situation.
Dealing with these issues can turn attending school into a nightmare. Unfortunately, many instances of harassment, whether between students or involving teachers, go unnoticed or unaddressed by school administrators. Additionally, LGBTQ+ students may feel reluctant to report these incidents to school officials due to fears of inaction or further harassment from their peers.
You Have Rights as an LGBTQ+ Student
As a student in a public school, you are entitled to specific rights under federal and state laws. It is important to familiarize yourself with these laws in order to advocate for yourself in cases of harassment, bullying, or discrimination.
Title IX
Title IX is legislation at the federal level that ensures fair treatment for every student, regardless of their sexual orientation or gender identity. This law applies to both primary and secondary schools, as well as colleges and universities. Your school is not allowed to prohibit you from attending classes, engaging in school-sanctioned events, or discriminate against you based on your LGBTQ+ status.
Diversity, Equity, and Inclusion Statements
Most higher education institutions have adopted diversity, equity, and inclusion (DEI) statements. For K-12 schools, DEI statements may be available from the school board or even specific schools. These policies can serve as a means for advocating for fair treatment and adding some legitimacy to your request for equal treatment within your school.
North Carolina State Law
The North Carolina State Board of Education has a policy prohibiting discrimination, harassment, and bullying in any educational or employment activities or programs. Discrimination on the basis of race, color, national origin, sex, disability, or age is not allowed. The policy states that any students who commit discrimination, harassment, or bullying should be disciplined according to their school's student behavior management plan. Employees can also face disciplinary action for violations, including dismissal.
The Lento Law Firm's Education Law Team can help you stand up for your rights and craft a convincing argument for your position based on federal and state laws, policies, and other relevant rules.
The Education Law Attorneys at the Lento Law Firm Can Help
Dealing with LGBTQ+ issues at your school can make you feel frustrated, overwhelmed, or even afraid. It is crucial to handle these situations carefully if you want to find a positive solution. Even a minor misstep could further complicate the situation.
Having an Education Law attorney from the Lento Law Firm by your side can provide the necessary guidance to navigate these challenges. We assist LGBTQ+ students in North Carolina and throughout the country in addressing issues with their schools and suggest the best course of action. Our attorneys can pinpoint relevant school policies, state laws, and federal regulations that pertain to your case. Additionally, we can prepare you for any discussions with school officials.
Reach Out to the Lento Law Firm's Education Law Team
If you are a student in the LGBTQ+ community struggling with issues at school, our team is here to assist you in advocating for your rights. Call us at 888-535-3686 or complete our contact form, and a member of our team will respond to you promptly.
