Washington, DC, has adopted a number of strong protections for LGBTQ+ students attending both public and charter schools within the district. These generally pro-LGBTQ+ policies cover a wide range of areas that touch on academics, extracurricular activities, and day-to-day student life and make our nation’s capital one of the most welcoming places for an LGBTQ+ child to attend grade or high school.
That doesn’t mean, of course, that it’s necessarily easy to be an LGBTQ+ child going to school in the District. Your child might still be teased, harassed, or bullied, and even though school policies state otherwise, teachers or school administrators might still discriminate against them. When that happens, you need the help of an experienced education law attorney, someone who can fight to protect your child’s rights and make sure their school pays attention to and follows the laws, rules, and policies set by federal law, District of Columbia law, and the District of Columbia Public Schools. Call the LLF National Law Firm Student Defense Team at 888.535.3686, or use our contact form to schedule a confidential consultation to discuss your child’s situation and learn more about how we can help.
Common Issues for LGBTQ+ Students
It’s not unusual, even in the most liberal of schools, for LGBTQ+ students to be targeted for abuse or discrimination by other students or even school personnel. Each child has their own experience, but common types of abuse and discrimination that LGBTQ+ children report encountering at school (or from school classmates outside of school) include the following:
- Harassment, including taunts and demeaning comments, can come in the form of verbal remarks, online communications, or social media posts.
- Bullying and other forms of physical assault, including sexual assault, typically from other students and often in settings away from school.
- Discrimination from school personnel, including refusing LGBTQ+ students to use their preferred pronouns or names; gender-specific enforcement of school dress codes; and limitations on what activities LGBTQ+ students can participate in based on the gender they were assigned at birth.
- Roadblocks to allowing LGBTQ+ students to exercise the rights granted to them under federal and DC law and policy, including the right to use gender-specific facilities according to the student’s gender identity or expression.
These types of discrimination, harassment, and abuse are generally not permitted by District of Columbia policy or by laws applicable in the District, including federal law.
LGBTQ+ Student Rights in the District of Columbia
The District of Columbia has one of the strongest sets of laws and policies protecting the rights of LGBTQ+ students in any place in the US. GLSEN, the Gay, Lesbian & Straight Education Network, has given public schools in Washington, DC, a 7 out of 7 score for having adopted “more than half of GLSEN’s policy recommendations for affirming and inclusive schools.”
LGBTQ+ students attending public school within the District – whether at one of DC’s public schools or one of its charter schools – have a number of specific rights that can be enforced in situations where school personnel fail to recognize the student’s rights properly or to take steps to protect them. These include:
- The right to be addressed by the name and pronoun that correspond to their gender identity
- The right to use the bathroom that matches the student’s gender identity
- The right to use the locker room that corresponds to the student’s gender identity with the understanding that any student who asks for increased privacy should be accommodated in a reasonable way
- Enforcement of dress codes in a gender-neutral way, with students allowed to dress in accordance with their gender identity within the constraints of the school’s dress code
- The right to participate in intramural and interscholastic athletics and physical education classes in a manner consistent with the student’s gender identity
- The right to keep their gender identity and sexual orientation private at school if the student so desires
The District of Columbia separately prohibits discrimination against individuals on the basis of gender, gender identity, and gender expression (as well as on a number of other grounds). The District of Columbia Human Rights Act of 1977applies in public school settings, including charter schools. The District’s Youth Bullying Prevention Act of 2012specifically applies to bullying based on “sexual orientation, gender identity or expression” as well as “any other distinguishing characteristic.” The DC Public Schools have adopted a Bullying Prevention Policy that draws from this law. In addition, there are a number of District regulations that prohibit discrimination based on gender identity or expression.
Federal law also protects students in public schools and private schools that accept federal funding from a wide range of discriminatory behavior, including the Civil Rights Act of 1964, Title IX of the Education Amendments Act of 1972, the Family Educational Rights and Privacy Act, the Federal Equal Access Act, and the US Department of Education’s Office of Civil Rights guidance on Title IX and Sexual Violence.
Remedies for Violations of LGBTQ+ Student Rights in Washington, DC
The existence of comprehensive laws and policies that protect LGBTQ+ student rights in the District of Columbia doesn’t mean that student rights are not violated. Not all school personnel will understand their obligation to respect LGBTQ+ student rights or to protect those rights when they’re violated, such as when an LGBTQ+ student is repeatedly bullied or harassed at school.
When schools fail to follow the procedures and policies they’ve put in place, as well as when they fail to follow the law, they can be held accountable. How to do this in an effective way depends on the situation and is something to discuss with an experienced education law attorney from the LLF National Law Firm Student Defense Team.
Our attorneys will explore all the options available to you if your LGBTQ+ child’s rights are being violated at school. Sometimes, a meeting with school officials about the problem is effective and brings a quick stop to the problem. Other times, it’s necessary to file a lawsuit against the school or the DC Public Schools, asking for a court order that requires the school to take specific steps to protect your child’s rights.
The LLF National Law Firm Student Defense Team is Ready to Help You Protect Your LGBTQ+ Child’s Rights
If you’re the parent or guardian of an LGBTQ+ student attending public school, including a charter school, in the District of Columbia and believe your child is being harassed, bullied, or discriminated against because of their sexual orientation, gender identity, or gender expression, contact the LLF National Law Firm Student Defense Team for help. Our experienced education law attorneys understand the sometimes-complicated laws, rules, and policies that protect LGBTQ+ students in grade and high school in the District, and we are ready to fight for those rights. We’ve helped protect students across the country who have been discriminated against or harassed at school, including students in Washington, DC. (We also protect the rights of LGBTQ+ college students.) We are here to listen to what your LGBTQ+ child is experiencing at school and to help you defend their rights and resolve what can be an extremely difficult and stressful situation for both of you.
To learn more about how the LLF National Law Firm Student Defense Team can help protect your LGBTQ+ child’s rights, call us today at 888.535.3686 or use our contact form and schedule a confidential consultation with one of our experienced education law attorneys. We know how important your child’s future is to you; let us help you protect it.