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Virginia LGBTQ+ students often face several issues in school. While school can be difficult for everyone, LGBTQ+ students are targeted more frequently than the average student. Whether you are a K-12, college, or graduate student, LGBTQ+ occurs everywhere, and you deserve to have your rights protected. The Lento Law Firm Education Law Team works tirelessly to protect Virginia LGBTQ+ students facing discrimination and harassment in their schools. To discuss your case, call 888-535-3686 or complete our online form.
Relevant Laws and Constitutional Protections
While it may feel like no one is protecting you or your LGBTQ+ child, there are Constitutional rights and federal and state laws in place to protect LGBTQ+ students in every stage of their educational journey. These include:
- Title IX is a civil rights law prohibiting sex discrimination in education.
- The Equal Protection Clause of the U.S. Constitution prevents states from denying people equal protection under the law.
- The First Amendment of the U.S. Constitution provides all people with the right to free speech and expression.
- The Equal Access Act ensures that all non-curricular student groups are afforded the same rights.
- Virginia Values Act prohibits discrimination against LGBTQ+ persons in various settings, including public schools.
Common Issues for Virginia LGBTQ+ Students and Their Rights
The issues LGBTQ+ students face must be taken seriously. The damage to LGBTQ+ students' physical and mental health can be life-long. LGBTQ+ students must know they are not alone in their fight; support is out there. The Lento Law Firm Education Law Team will always defend your rights. Common issues we see Virginia LGBTQ+ students facing include the following.
Freedom of Expression
LGTBQ+ students, like everyone else under the First Amendment, have the right to free speech and expression. Students cannot be silenced in discussing their lives or LGBTQ+-related matters. While teachers may face restrictions on what they can say, students cannot.
Transgender and Gender Nonconforming Students
If you are a transgender or gender-nonconforming student, you have the right to dress consistent with your gender identity or choose attire you deem appropriate. As long as you follow your school's dress code requirements, which apply to all students, not just LGBTQ+ students, your school cannot dictate your clothing choices.
Being Misgendered or Deadnamed
Being misgendered or deadnamed is a form of harassment that can cause LGBTQ+ students severe psychological damage. To some, it may seem like a harmless accident or no big deal, even when intentional, but it is incredibly disrespectful and upsetting to LGBTQ+ people. Deadnaming is the act of referring to a transgender or non-binary person by their birth name, legal name, or sex assigned at birth. Only in some administrative circumstances is it appropriate for schools to utilize a student's legal name or birth-assigned gender; none of these exceptions apply in a classroom or non-administrative setting. Schools have a legal obligation to prevent and stop this type of harassment. If your school doesn't address this issue thoroughly, the Lento Law Firm will help.
Bullying and Harassment
Bullying and harassment are unacceptable in all circumstances but are considered discrimination when the subject is an LGBTQ+ student. Bullying and harassment are severe, particularly when you or your LGBTQ+ child's safety is being threatened.
Privacy Issues
It is against the law for an LGBTQ+ student's school to out them to other school officials, teachers, students, or even the student's own parents. All LGBTQ+ students have a right to privacy regarding their LGBTQ+ identity. To discuss an LGBTQ+ student's identity or status, their school must have explicit permission from that student, including the identity of the people the school may speak with. If you and an LGBTQ+ student and your school have threatened to out you or have outed you to anyone without your consent, the school has violated the law. You should immediately contact the Lento Law Firm Education Law Team to discuss your options.
Gender Identity and Bathroom Rights
In 2023, the Virginia Department of Education released a controversial and incredibly upsetting policy regarding the bathroom rights of transgender and gender-nonconforming students. The policy states that "students shall use bathrooms that correspond to his or her sex." However, individual school districts will be permitted to adopt their own bathroom policies, and some school districts have policies that allow transgender and gender-nonconforming students to use the bathroom of their choosing. The policy requires schools to make single-user bathrooms and personal facilities available for all students. Under the state policy, LGBTQ+ students cannot be forced to use a bathroom that is against their gender identity, but they may not use the bathroom of their choosing.
Gay-Straight Alliance or Gender Sexuality Alliance
If your school is pushing back or alleging that LBGTQ+ students and their allies cannot form an extracurricular on-campus student organization dedicated to LGBTQ+ issues or socialization, it is in violation of federal law. Schools cannot prohibit students from forming LGBTQ+-related clubs or organizations. The only exception is if the school has a blanket prohibition on all extracurricular clubs, which is incredibly rare.
School Dances and Events
LGBTQ+ rights are fairly well protected when it comes to school dances and events. Schools are prohibited from dictating who students can bring as a date, what they can wear (regarding gender-conforming or nonconforming attire), and even who can run for prom king or queen. If your school tries to prevent you from exercising your rights, be aware that this is illegal discrimination against you as an LGBTQ+ student. Do not be intimidated if school officials cite school policies; these policies are also against the law. If you are facing a situation where your school is trying to limit your choice of date or clothing, contact the Lento Law Firm today to learn about your legal next steps.
Hostile Educational Environments and What to Do Next
If you are facing an LGBTQ+ issue in your school, you have legal protections and options to ensure your rights are protected. You should never face discrimination, bullying, or harassment for your LGBTQ+ status, especially not in an environment that is supposed to be a safe place. If an incident has occurred, document it in detail and notify school officials. When school officials are told of these instances, they are put on notice and legally obligated to resolve the issue and protect the LGBTQ+ student. Contact the Lento Law Firm immediately if your school fails to protect you and your rights.
Areas We Serve in Virginia
The Lento Law Firm Education Law Team has successfully represented Virginia LGBTQ+ students throughout the Commonwealth. We represent LGBTQ+ students at all levels of education from K-12 in school districts such as Fairfax County Public Schools, Loudon County Public Schools, and Virginia Beach City Public Schools, all the way through college and graduate school at universities like the University of Virginia and George Mason University.
Retain the Lento Law Firm Education Law Team
As an LGBTQ+ student, you never need to face issues of discrimination or harassment alone. The Lento Law Firm Education Law Team is here to support you and fight to uphold your rights in your educational institution. Call us today at 888-535-3686 or contact us online.
