In November, we celebrate Transgender Awareness Month. Although transgender issues have become more visible and are better understood today, trans identity remains a flashpoint for contentious ideological debate that leaves basic human rights in the line of fire.

For trans students, the need to defend their gender identities to unfriendly peers, teachers, and administrators can compound the pressures of academic life all students experience. If you're experiencing discrimination, harassment, or bullying as a trans student, or you're the parent of a student going through this, it's essential that you know your rights and how you can advocate for yourself or your child.

What Are Your Rights And What Laws Protect Them?

For everyone, the First Amendment guarantees free speech. According to the American Bar Association, the right to free speech encompasses the expression of gender identity.

Beyond that, there are other laws that protect the rights of transgender students, although some of them, like Title IX, only apply if the school they attend receives federal funding. Founded in 1972, Title IX prevents discrimination on the basis of sex and gender in education. President Biden recently clarified that Title IX also includes transgender individuals, a claim that has attracted controversy.

Under Title IX, your rights include:

• Dress: You can dress in a way that corresponds to your gender identity as long as you operate within school rules for your gender.
• Name & Pronouns: Everyone at your school must use your chosen name and preferred gender pronouns.
• Facilities: If your school has segregated facilities based on gender, you can use the ones that correspond with how you identify.
• Privacy: Other students and school officials must respect your right to privacy. The Family Educational Rights and Privacy Act (FERPA) also protects this right, and allows you (or your guardians, if you're under 18) to update your educational records in the event of a gender transition.

State laws can also guarantee your rights. In California, state and federally funded schools must work to prevent discrimination against LGBTQ individuals. Oregon, New York, Illinois, and Colorado have similar protections. Not all states have such laws; some enact transphobic legislation contrary to federal protections. The ambiguous wording of Florida's “Don't Say Gay” bill has stoked fears that it would allow school administrators to out LGBTQ students to their parents and peers. It remains to be seen if the courts will allow the Florida law to stand.

Religious and private schools not receiving funding are exempt from Title IX, and therefore may have rules that restrict gender expression, even going so far as to ask trans students to leave school. Such oppressive rules do not mean that you are without power, however.

How The Lento Law Firm Can Help You

If you are experiencing discrimination based on your gender identity, you must document all instances of it. Be sure to file a complaint with your school so that it's on the record. If the school complies with Title IX, you can also file a complaint with the Department of Education.

It's essential that you consult an experienced attorney-advisor to ensure that your rights, or your child's rights, are being honored. School bureaucracies can be hard to navigate, but Joseph D. Lento has extensive experience working with them. In cases like this, his expertise and compassion will be invaluable in following the proper complaint protocols and effectively collaborating with administrators. To get the justice you or your child deserve, call 888-535-3686, or contact us online.