If you’re the parent or guardian of an LGBTQ+ child who attends public school in Arizona, you probably have a first-hand understanding of many of the issues your child has to deal with on a day-to-day basis. Whether it’s comments or taunts from other students, bullying because of their gender status or sexual orientation, or discrimination by school faculty and staff, it’s a sad fact that many LGBTQ+ students must overcome challenges that other students don’t regularly face. While Arizona provides little in the way of state legislation protecting LGBTQ+ students, there are of several federal laws in place that can be used to help make sure your child receives the discrimination-free educational experience they deserve.
The LLF National Law Firm Student Defense Team is here to help. In many cases, school administrators need to be reminded of their legal obligations to LGBTQ+ students, and our experienced student defense attorneys are ready to help make that happen. Whether it’s in the form of a meeting with school officials, or a lawsuit filed to enforce your child’s rights, the LLF National Law Firm Student Defense Team is ready. Call us at 888.535.3686 or schedule a confidential consultation with one of our attorneys today to learn more about how we can help.
Common Issues for LGBTQ+ Students
It’s not just in Arizona – LGBTQ+ students across the country report that they are often the target of abuse by fellow students because of their sexual orientation, gender expression, or gender identity. In some cases, even school faculty members and staff fail to respect LGBTQ+ students’ rights. As a result, LGBTQ+ students in Arizona reported in a 2021 survey that they often face the following types of discrimination:
- Verbal harassment, particularly anti-LGBTQ+ remarksis reported by anywhere from 79% to 98% of LGBTQ+ students in Arizona, depending on the type of negative or homophobic remark that’s being made.
- Physical assault based on their status as an LGBTQ+ individual; 9% to 11% of LGBTQ+ students reported being physically assaulted in school.
- Discriminatory practices in schools, such as school officials refusing to use the student’s chosen name or gender pronouns, forced use of bathroom or locker facilities according to their gender assigned at birth, or being penalized for wearing “inappropriate” clothing based on their birth gender was reported by anywhere from 19% to 30% of LGBTQ+ students in Arizona.
- Very few students – only 8% — reported that their Arizona school has a comprehensive anti-bullying policy that includes protections based on sexual orientation and gender identity or expression, and even fewer – 6% — reported that their school has a supportive trans/nonbinary student policy.
In some cases, for example, with bullying and harassment, existing Arizona laws may provide a remedy for LGBTQ+ students, even though those laws don’t specifically prohibit bullying or harassment based on gender identity or expression or sexual orientation. In other cases, federal law can help. Finally, individual school districts may have their own policies that provide LGBTQ+ students with protections that Arizona state laws do not offer.
LGBTQ+ Rights in Arizona
As noted above, Arizona has almost no laws in place that specifically protect the rights of LGBTQ+ students attending public school in that state. In fact, GLSEN, an organization that advocates on behalf of LGBTQ+ students in grades K-12 across the country, recently gave Arizona a -3 (that’s a negative 3) out of 7 score when reviewing the policies the state has in place to support LGBTQ+ students. It found that there were no policies in place that support LGBTQ+ students and a number that actively discriminate against them (in particular, in athletics and censoring teaching about race, gender, and LGBTQ+ issues).
Also, as noted above, individual school districts may have policies in place that provide protections that Arizona state laws do not. What’s important to remember about these policies is that in many cases they can be enforced, sometimes through administrative proceedings and other times in court.
The Phoenix School District, for example, recently implemented a policy titled the “Dignity for All Students Act.” It requires each school to appoint a “Dignity Act Coordinator” who will be responsible for handling “human relations” relating to “race, color, weight, national origin, ethnicethnic group, religion, religious practice, disability, sexual orientation, gender (identity or expression) and sex.” Schools are also required to include rules “against discrimination” in their codes of conduct, and the Phoenix School District states that it “will investigate all complaints of harassment and discrimination” and that it will “take prompt corrective measures, as necessary.” These are the kinds of policies that can be enforced through court proceedings when a school or a school district fails to follow through.
In addition to these, of course, are the network of federal laws that protect students and others from discrimination based on a wide range of factors, including sexual orientation, gender expression, and gender identity. The LLF National Law Firm Student Defense Team has a detailed understanding of these laws and regulations, and can review your child’s situation with you to determine whether and how to protect their rights.
Remedies for Violations of LGBTQ+ Rights in Arizona
In cases where your child’s school or school district has policies and procedures in place that protect LGBTQ+ students or that can be used to protect LGBTQ+ students (even if they don’t specifically state that they are designed to do so), it may be possible to file a lawsuit to force the school or the district to follow their own written rules. The suit can seek a court order directing the school to abide by its own rules and damages for its failure to do so.
Where schools violate federal law – particularly the so-called “Title IX” rules – it may be possible to file a federal lawsuit to force the school to comply. Doing so can force a school to cease discriminating practices that affect LGBTQ+ students.
Different situations call for different remedies. If your child is being bullied and the school is refusing to do anything about it despite having an anti-bullying policy in place, then a state court lawsuit may be the best route. If the school is discriminating against an LGBTQ+ student in a way that is prohibited by Title IX, then the remedy may be a federal court lawsuit. The LLF National Law Firm Student Defense Team will review your child’s situation with you and, based on the facts of their particular case, will be able to advise on what the most effective reaction may be.
How an Education Law Attorney Can Help LGBTQ+ Students in Arizona
Arizona law does not make it easy for LGBTQ+ students. Fortunately, both federal law and many school district policies provide some ways for LGBTQ+ public school students in Arizona to protect themselves from bullying, harassment, and discrimination. However, determining what rights a student has, what rights have been violated, and how to enforce those rights can be a challenge. Working with one of the experienced education attorneys from the LLF National Law Firm Student Defense Team can make that process a lot easier for you as a parent. We’ll review your child’s situation in detail, analyze their school’s code of conduct and other policies, and advise you on what your child’s rights are. In many cases, we can meet with school officials to make sure they understand what their legal obligations are in these situations. Where necessary, we can also file lawsuits on behalf of your child to enforce their rights and provide them with the protections they’re entitled to.
Contact the LLF National Law Firm Student Defense Team
If your LGBTQ+ student is being harassed or bullied at school and the school is doing nothing about it, or if your child is being discriminated against because of their sexual orientation, sexual identity, gender identity, or gender expression, contact the LLF National Law Firm Student Defense Team for help. Our attorneys understand the laws, rules, policies, and procedures that can protect a student in Arizona, and we’re ready to help. We have represented students across the country in elementary, high school, and college who need to protect their rights both as students and as citizens. We will be their advocate, will fight for their rights, and will help secure compensation for the wrongs they’ve faced at school.
Call the LLF National Law Firm Student Defense Team today at 888.535.3686 or schedule a confidential consultation to discuss your child’s case with one of our experienced student defense attorneys. Your child deserves to learn in a safe and welcoming environment; let us help make sure that happens.