It can be very challenging to be the parent of an LGBTQ+ student attending grade or high school in South Dakota. As many of us know from our own experience growing up, children who are viewed by other kids as being “different” are often abused by their classmates. In many cases, LGBTQ+ students find themselves targeted by other students and even by school faculty and staff.
When your child is harassed, bullied, or discriminated against at school because of their sexual orientation, sexual identity, or gender expression, you may wonder what can be done about it. Despite the fact that South Dakota has some of the fewest protections of any of the states for LGBTQ+ students, there are often steps that you can take to help put a stop to the abuse your child is experiencing. The Lento Law Firm Student Defense Team is here to help – call us at 888.535.3686 or schedule a confidential consultation to learn more.
Common Issues for LGBTQ+ Students
Even in the most protective of states, LGBTQ+ students regularly face challenges at school – discrimination, harassment, and abuse are common all over. South Dakota, unfortunately, is not one of the states that provides much in the way of protection for LGBTQ+ students. Some of the types of types of discrimination and harm that LGBTQ+ students face in South Dakota includes:
- Physical abuse. It's not uncommon for LGBTQ+ students to be physically assaulted at school (or outside of school) by classmates. Sexual assault also happens.
- Verbal abuse. Being harassed by other students at school can be demeaning and extremely discouraging. And it's not unusual for this kind of harassment to happen online, whether on social media or in direct messages or emails.
- Discrimination by the school. Ranging from refusing to use the student's preferred name or pronoun, to requiring them to dress according to the school's idea of their “correct” gender, to prohibiting them from using changing and bathroom facilities that align with the student's gender identity, it's not unusual for schools to make life difficult for LGBTQ+ students.
Few laws in South Dakota specifically protect LGBTQ+ students from these types of problems. While in some cases, broader laws or school policies (such as those that are generally against bullying) may provide some form of relief, in other cases it may be necessary to rely on federal laws for help. The Lento Law Firm Student Defense Team understands the challenges that LGBTQ+ students face in South Dakota, and our experienced attorneys are prepared to explore all strategies when it comes to helping protect your child from discrimination.
LGBTQ+ Rights in South Dakota
South Dakota has few protections in place specifically for LGBTQ+ students. In fact, the Gay, Lesbian & Straight Education Network (GLSEN) has given South Dakota a -5 (that's a negative 5) ranking, out of a possible +7 as a result of its “discriminatory policies that disaffirm or exclude LGBTQ+ youth.” This goes beyond many states that simply lack laws that specifically protect LGBTQ+ youth; South Dakota has laws in place that actively discriminate against LGBTQ+ students.
Schools have little control over this. In fact, South Dakota prohibits schools and school districts from adopting policies that provide protections based on sexual orientation and gender identity, including in their anti-bullying policies. Schools and school districts may not allow LGBTQ+ students to participate in sports based on their gender identity, and there are state laws that restrict the ability of schools to address LGBTQ+ issues in the classroom.
Federal law, of course, still applies in South Dakota. Laws such as the Civil Rights Act of 1964, Title IX of the Education Amendments Act of 1972, the Federal Equal Access Act, the Family Educational Rights and Privacy Act, and the Department of Education's Office of Civil Rights guidance on Title IX and Sexual Violence may all provide possible ways to protect LGBTQ+ student rights in South Dakota public schools.
In addition, schools are expected to follow their own written policies. When a school has an anti-bullying policy, for example, even if it fails to specifically prohibit bullying based on a student's gender identity, sexual orientation, or gender expression, if a student is being bullied and the school is doing nothing to put a stop to it, it's often possible to take legal steps to force the school to do so.
Remedies for Violations of LGBTQ+ Student Rights in South Dakota
As noted above, the fact that South Dakota lacks many protections for LGBTQ+ student rights doesn't mean that a student whose rights are being violated has no remedy. In some cases, schools will be violating other state laws or the school's own policies by failing to take steps to put a stop to bullying or harassment by students, faculty, or staff. In other cases, schools will be violating federal law.
This is not to say that filing a lawsuit is always the best first step. In most cases it's important to meet with school personnel first and raise the issue with them so that they have a chance to take steps to put a stop to the harassment or discrimination. In many cases, those types of meetings are far more effective when you have an experienced education law attorney by your side, someone who can explain in detail to school officials why they have an obligation to take steps to put a stop to the problem, and what can happen if they fail to do so.
Sometimes a detailed meeting is enough. Other times the school fails to act, and it becomes necessary to sue the school or the school district to remedy the problem. In those cases, the experienced education law attorneys from the Lento Law Firm Student Defense Team know how to use the laws that do apply in South Dakota to protect your LGBTQ+ child's rights.
The Lento Law Firm Student Defense Team Can Help Protect Your LGBTQ+ Student's Rights in South Dakota
When your LGBTQ+ child has suffered abuse or discrimination at school to the point where you are considering taking legal action against the school to put a stop to it, you need the help of an experienced education law attorney, someone who knows how to protect your child's rights and can help you decide what to do. The Lento Law Firm has helped LGBTQ+ students all across the country secure remedies for violations of their rights, and our Student Defense Team is ready to help you protect your child's rights. Whether at the grade school, high school, or even college level, our attorneys are ready to fight for your child's rights and to help protect them from the kinds of abuse and discrimination that can be so devastating to young minds.
If your LGBTQ+ student is suffering from abuse or discrimination at school in South Dakota, contact the Lento Law Firm for help. You can reach us at 888.535.3686, or use our contact form to schedule a confidential consultation with an experienced attorney from our Student Defense Team. When you're fighting for your child's rights, you need someone in your corner who knows the ropes. The Lento Law Firm Student Defense Team is here to help.
