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 for LGBTQ+ students, a significant number do not. LGBTQ+ students commonly face bullying, harassment, and discrimination, which detrimentally impacts their academic experiences in comparison to their non-LGBTQ+ peers. Both K-12 and higher education institutions often overlook these challenges, resulting in policies that do more to hinder than support LGBTQ+ students.
Whether you're an LGBTQ+ student at a college or the parent of an LGBTQ+ student in K-12 education, you may encounter discriminatory actions at your school. Many schools lack the necessary resources to aid LGBTQ+ students experiencing harmful treatment from peers, faculty, or staff. The Lento Law Firm is dedicated to assisting students confronted with these issues. Our Education Law Team, available in Texas and across the country, is prepared to offer the legal support needed to safeguard your rights. Call us at 888-535-3686 or through our online form to set up a consultation.
Typical Issues LGBTQ+ Students in Texas Struggle with at School
Although LGBTQ+ students constitute less than a quarter of the population in high schools and colleges, they are significantly more likely to encounter bullying and harassment than their heterosexual and cisgender peers.
Challenges commonly faced by LGBTQ+ students include:
- In-person and online harassment or bullying
- Sexual assault and sexual harassment
- Discriminatory treatment from staff members
- Slurs or negative comments about their LGBTQ+ identity
- Lack of gender-inclusive facilities
- Requirement to use names or genders on official documents that do not reflect their true identity
- Reduced feeling of empowerment and belonging in their education
- Unwanted physical contact
- The proliferation of misinformation or harmful rumors on social media
- Discriminatory policies targeting transgender students for using gender-affirming restrooms
- Exclusion from extracurricular activities based on gender identity or sexual orientation
- Obstacles in participating in public demonstrations or securing campus meeting spaces
- Insufficient administrative support and lack of training among faculty and staff regarding LGBTQ+ student needs
These issues can profoundly impact the mental health of LGBTQ+ students, leading to conditions like depression, bipolar disorder, PTSD, anxiety, eating disorders, and a heightened risk of engaging in suicidal behaviors or self-harm.
How Harassment Turns into a Hostile Environment
A hostile environment arises when a student is subjected to persistent bullying or harassment to the degree that engaging in normal school activities becomes unbearable. LGBTQ+ students encountering such treatment consistently may find themselves in a hostile environment, whether on a college campus or in a K-12 school setting. The relentless presence of harassment, bullying, or discrimination greatly hampers the ability to keep up with coursework and fulfill academic obligations. Expecting students to maintain high academic standards in such a setting is impractical.
These obstacles can severely degrade the school experience for students. Unfortunately, many incidents of harassment, whether between students or involving teachers, frequently go unnoticed or unaddressed by school officials. Furthermore, LGBTQ+ students may be reluctant to report these issues to school authorities due to fears that their reports will be dismissed or could exacerbate their situation by provoking further harassment from their peers.
LGBTQ+ Students: Know Your Rights
As a student in a public school, you are entitled to specific rights under federal and state laws. Familiarizing yourself with these legal protections is essential for advocating for yourself in scenarios involving harassment, bullying, or discrimination at school or on campus.
Title IX
Title IX is a federal law that ensures all students receive fair treatment, regardless of their sexual orientation or gender identity. This law covers both K-12 and higher education institutions. According to Title IX, your school is prohibited from restricting your access to classes, excluding you from participating in school-sponsored activities, or discriminating against you because of your LGBTQ+ identity.
Inclusion Statements
Diversity, equity, and inclusion (DEI) statements, also sometimes referred to as inclusion statements, are widely adopted by institutions of higher education and can also be present in K-12 education, provided by either school boards or individual schools. Such policies can play a key role in advocating for equitable treatment. By locating and utilizing your school's DEI statement, you can bolster the legitimacy of your case and advocate for equal treatment within your educational setting.
Texas State Law
Public schools in Texas are not allowed to discriminate on the basis of race, color, national origin, sex, or disability in admission or access to, or treatment or employment in, a school district's programs or activities. You have a right to submit a complaint about unlawful discrimination at school to the Texas Education Agency (TEA).
The Texas Education Code also obligates schools to investigate complaints of bullying or harassment. The school must also take action to keep you—or your child if you submitted a complaint on their behalf—safe. The law also defines bullying and cyberbullying and makes it illegal to retaliate against someone who reports bullying in good faith.
The Education Law Team at the Lento Law Firm Can Help
Facing LGBTQ+ issues at school can make you feel frustrated, overwhelmed, or afraid. It's crucial to carefully handle these challenges and formulate an effective plan to achieve a positive outcome. A minor misstep could further complicate your situation.
Enlisting the assistance of an Education Law attorney from the Lento Law Firm can provide the necessary guidance to navigate these obstacles effectively. We assist LGBTQ+ students in Texas and nationwide in addressing their educational concerns and advising on the best course of action. Our legal professionals are adept at pinpointing relevant school policies, state laws, and federal regulations that apply to your case. Additionally, we are ready to help you prepare for discussions with school officials.
Reach Out to the Lento Law Firm for a Consultation
If you are an LGBTQ+ student encountering difficulties at school, or you are the parent of an LGBTQ+ student who is struggling, our team is prepared to support you in advocating for your rights. Call us at 888-535-3686 or submit our contact form, and we'll reach out to you.
