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.
School can be a tough place for LGBTQ+ students, who are more likely to be bullied and suffer depression than straight classmates. Even in progressive states like Oregon, the majority of LGBTQ+ students report harassment and bullying at school. Most troubling, only 35% of these students said that reporting the harassment resulted in an effective intervention by school staff. LGBTQ+ students are more likely to face discipline than their straight peers. Often, LGBTQ+ students must take legal action to enforce rights that state law purports to provide. While this is frustrating, students in Oregon have resources to aid in securing their rights and protections.
The Lento Law Firm is a Nationwide Student Defense Firm
The Lento Law Firm is a nationwide firm of experienced education attorneys representing students in Oregon. The Lento Law Firm is experienced in representing students with issues related to sexual orientation and gender identity at the secondary school level and in college or university.
For students who face discipline motivated by or related to LGBTQ+ status, the Lento Law Firm Student Defense Team can provide a defense and assert your rights to a fair process. For those who face harassment or a hostile environment, the Lento Law Firm can assist you in asserting your rights under Oregon and federal law. Call 888.535.3686 or provide your details online, and we will contact you.
LGBTQ+ Students Rights in Oregon.
In 2019, Governor Brown signed the Student Success Act into law, providing protections in education for historically underserved students, including LGBTQ2IA+ students. As a result, Oregon has the LGBTQ2SIA+ Student Success Plan, which provides one of the country's best legal environments for LGBTQ2IA+ youth, with explicit protections for non-binary and gender-fluid youth included.
The Student Success Plan recognizes the intersectionality of issues for LGBTQ2IA+ and emphasizes:
- The need for education and professional training for educators.
- Fair access to the school curriculum, facilities, and activities for LGBTQ2IA students.
- The importance of data collection in supporting decision-making in the future.
Common Issues for LGBTQ+ Students K-12
Students in Oregon's schools and school districts report some of the following issues:
- Lack of access to gender-neutral bathrooms and other private spaces.
- Harassment and bullying. LGBTQ+ students know how to report bullying and harassment but are often frustrated when school officials fail to take proper action.
- LGBTQ+ students, especially those of color or with a disability, are much more likely to be disciplined or “pushed out” than their peers.
Common Issues for LGBTQ+ College Students
LGBTQ+ students in Oregon's many colleges and universities face several challenges, including:
- LGBTQ+ students may face a lack of access to gender-appropriate bathrooms, dorm spaces, and other facilities.
- LGBTQ+ students may face serious harassment and assault, often without an effective response by the university.
- LGBTQ+ students may face discipline or punishment for protected speech or may face slurs and hate speech.
This list is not exhaustive; whatever issues you face as an LGBTQ+ student, the Lento Law Firm can help.
Remedies for LGBTQ+ Harassment and Discrimination in Oregon
Complaining of Discrimination in Oregon Schools
If you have faced discrimination in your school or school district, you may file a Civil Rights Complaint with the Oregon Department of Education. The first step is to file a complaint with your school district—this is called an administrative prerequisite. This is legalese for the requirement to complain to your school before further action. When you file with the school, you either succeed, exhaust the process and appeal, or file a complaint if they take no action for 90 days. This complaint process involves many deadlines and requirements, so don't face the process alone. An experienced education attorney can advise and guide you.
New Title IX Rules Ban Discrimination of LGBTQ+ Students in Oregon
Title IX is an expansive law that prohibits discrimination by US colleges and universities that receive federal funding (the vast majority of colleges and universities). The Biden Administration released new Title IX Rules in April 2024, which will go into effect in August 2024. These new rules include protections on gender identity and sexual orientation and expanded protections from harassment and bullying. Please note that the US Department of Education has previously interpreted Title IX to include protections based on gender identity and orientation, but the new rules make these protections explicit.
If you have issues that arose before August of 2024, call and discuss this with an experienced attorney. Never wait to consult an attorney. These rules were enacted in August of 2024, but the protections banning discrimination based on gender identity or sexual orientation were implied under the previous law. Regardless of the time frame of your issues, call the Lento Law Firm to assert your rights.
The New Rules Broaden the Definition of Harassment
While the new rules cover more LGBTQ+ students, the definition of a hostile environment has also changed from the prior law and no longer requires harassment to be both severe and pervasive. If you face bullying and harassment based on your LGBTQ+ status, the Title IX process may provide relief and a remedy under the new rules. The experienced Title IX lawyers at the Lento Law Firm can give up-to-date advice and advocacy.
Oregon Law Prohibits Retaliation For Asserting Equal Rights for LGBTQ+
Anyone considering taking action for LGBTQ+ issues must be concerned that the school or college will retaliate against them. Oregon law forbids retaliation for a student filing a complaint of discrimination or harassment. Retaliation can be subtle, but it's a good idea to report any suspected retaliatory acts to your attorney immediately.
How an Education Law Attorney Can Help LGBTQ+ Students in Oregon
While Oregon law protects students and the federal Title IX process provides additional protections, not all schools and school officials will follow them. In a time of evolving understanding, some schools and universities fall short. If you are a student or the parent or guardian of a student facing LGBTQ+ issues, the Lento Law Firm can help. We are experienced education attorneys who assist Oregon students with these issues. Even if you face discipline for academic, sexual, or other misconduct allegations, the Lento Law Firm can help.
Whether you are from Portland, Salem, Eugene, or elsewhere in Oregon, the Lento Law Firm Student Defense Team can help you protect yourself and assert your rights. Call 888.535.3686 or provide your details online, and we will contact you.
