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.
While some educational institutions prioritize inclusivity and offer resources to LGBTQ+ students, a significant number do not. LGBTQ+ students are commonly subjected to bullying, harassment, and discrimination, which adversely impact their learning experience in comparison to their non-LGBTQ+ peers. Many K-12 schools, colleges, and universities don't understand the difficulties students have, resulting in policies that don't adequately support LGBTQ+ students.
If you're an LGBTQ+ student in higher education or the parent of an LGBTQ+ student in K-12, you may face discrimination at school. Unfortunately, school administrations frequently lack the necessary support mechanisms for LGBTQ+ students facing bullying, harassment, or discrimination from peers, faculty, or staff. The Lento Law Firm is dedicated to helping students deal with these issues. Our Education Law Team, available in Tennessee and across the country, offers the legal support you need to protect your or your child's rights. Contact us at 888-535-3686 or through our online form to set up a consultation.
Typical Problems for LGBTQ+ Students at School
Although LGBTQ+ students make up less than one-quarter of the student population in high schools and colleges, they encounter bullying and harassment at higher rates than their peers.
The main challenges encountered by LGBTQ+ students include:
- Harassment or bullying, both face-to-face and online
- Sexual assault and harassment
- Discrimination from school staff
- Slurs or negative comments regarding sexual orientation or identity
- No access to inclusive facilities
- Obligation to use official name or gender that does not reflect true identity
- Not feeling empowered or motivated by teachers and staff
- Unwanted physical contact
- Dissemination of misinformation or rumors on social media
- Discriminatory policies that target transgender students for using bathrooms aligning with their gender identity
- Exclusion from certain extracurricular activities based on gender identity or sexual orientation
- Restrictions on participating in public demonstrations or using campus meeting spaces
- A deficiency in administrative support and inadequate training of faculty and staff regarding LGBTQ+ issues
These challenges can have a profound impact on the mental health of LGBTQ+ students, possibly resulting in conditions such as depression, bipolar disorder, PTSD, anxiety, eating disorders, and an elevated risk of engaging in suicidal behavior or self-harm.
When Harassment and Bullying Become a Hostile Environment
A hostile environment arises when continuous bullying or harassment disrupts a student's ability to engage in normal school activities because the harassment makes them so uncomfortable. LGBTQ+ students might find themselves in a hostile environment, whether it's in the classroom, at extracurricular activities, or on campus. Relentless harassment, bullying, or discrimination makes it very challenging to keep up with schoolwork. It's not practical to expect students to perform well academically in such conditions.
A hostile environment can severely deteriorate the quality of the school experience. Unfortunately, many incidents of harassment, be it among students or involving faculty, frequently go unaddressed or unnoticed by school officials. Furthermore, LGBTQ+ students may be reluctant to report these issues to school authorities out of fear that their complaints will be disregarded or lead to further harassment from their peers.
You Have Rights as an LGBTQ+ Student in Tennessee
As a student in a public school, you are entitled to certain civil rights under both federal and state laws. Understanding these laws is essential for advocating for yourself in situations involving harassment, bullying, or discrimination.
Title IX
Title IX is a federal law that ensures all students receive fair treatment, regardless of sexual orientation or gender identity. It applies across the educational spectrum from elementary to higher education levels. According to Title IX, your educational institution is prohibited from restricting your access to classes, excluding you from participating in school events, or discriminating against you based on your LGBTQ+ identity.
DEI Statements
Statements on Diversity, Equity, and Inclusion (DEI) are widely adopted by institutions of higher education and are also present in K-12 education, whether provided by school boards or specific schools. These statements play a vital role in advocating for equitable treatment. By locating and utilizing your school's DEI statement, you can strengthen your argument and advocate for equal treatment within your educational setting.
Tennessee State Law
The Tennessee Department of Education has an Office for Civil Rights that ensures public education institutions and school districts within the state comply with state and federal civil rights, including Title IX. Students and parents can submit formal complaints to the Office for Civil Rights if they feel they've been discriminated against because of sex (which also includes sexual orientation and gender identity).
It's important to note that the Office for Civil Rights doesn't have the authority to address discrimination issues in non-public schools. The state bullying and harassment laws don't apply to these schools, either. Also, the Department of Education's Office for Civil Rights doesn't deal with discrimination problems in colleges and universities in Tennessee—students must use their school's anti-discrimination procedures if they have a complaint.
The Lento Law Firm's Education Law Attorneys Can Help
LGBTQ+ issues at school can make you feel frustrated, overwhelmed, or afraid. Handling these issues thoughtfully and crafting a careful strategy is crucial if you want a positive outcome. Even a minor misstep could make your situation even worse.
Securing the services of an Education Law attorney from the Lento Law Firm can help you navigate these challenges effectively. We assist LGBTQ+ students in Tennessee and throughout the country in addressing disputes with their educational institutions, advising on the best steps forward. Our legal professionals are skilled in identifying the school policies, state laws, and federal regulations that apply to your case. Additionally, we offer support in preparing for discussions with school officials.
Book a Consultation with the Lento Law Firm Today
If you are an LGBTQ+ student facing difficulties, or the parent of an LGBTQ+ student struggling at school, our team is prepared to assist you in asserting your rights. Contact us at 888-535-3686 or complete our contact form, and a member of our team will get back to you promptly.
