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.
It can be really difficult being an LGTBQ+ student in Wisconsin. As an LGBTQ+ student or parent of an LGBTQ+ student, you face unique challenges that differ from those of the average student. Whether you are the parent of a K-12 student or an LGBTQ+ student in college or graduate school, schools are not always the best at doing their legally mandated job of protecting LGBTQ+ students from discrimination and harassment. Unfortunately, it isn't uncommon for schools to contribute to the problem. The Lento Law Firm Education Law Team is well-versed in the legal challenges Wisconsin LGBTQ+ students face daily. Our Education Law Team is here to help you understand your rights and fight for their protection. Call the Lento Law Firm today at 888-535-3686 or complete our online form.
Relevant Laws and Constitutional Protections
There is no doubt that more can be done in the legislative space to protect LGBTQ+ youth, but there are a number of Constitutional rights and laws on the books that try to protect them throughout their educational journey and beyond. Some of these Constitutional protections and laws are:
- 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.
- Wisconsin's antidiscrimination law prohibits discrimination on the basis of sexual identity. Unfortunately, the law does not cover protections against discrimination based on gender identity.
Common Issues for Wisconsin LGBTQ+ Students and Their Rights
While all students can face issues in school, LGBTQ+ students face unique challenges. For example, most students don't face discrimination, harassment about their sexuality, or controversy or conflict related to which bathroom they use. LGBTQ+ students' school issue rises to the level of illegal pretty quickly, but that doesn't mean they aren't incredibly common. A few of these issues include:
Freedom of Expression
The First Amendment applies to all people in the U.S., and LGBTQ+ students are no exception. Everyone has the right to free speech and expression, meaning schools cannot prohibit LGBTQ+ students from discussing their gender, sexuality, or LGBTQ+ issues. School districts may have the authority to limit the content teachers may discuss, but this does not apply to students.
Transgender and Gender Nonconforming Students
Transgender and gender-nonconforming students have the right to wear clothing that represents their identity. A school cannot require a student to dress consistently with the gender norms assigned at birth. Schools may implement dress codes, so long as the dress code does not treat transgender and gender nonconforming students differently. For example, if a school uniform is required, LGBTQ+ students must wear the uniform, but the school cannot make a transgender boy dress in the female school uniform because he was assigned female at birth.
Being Misgendered or Deadnamed
Misgendering and deadnaming are extremely psychologically harmful to transgender and gender-nonconforming students. Misgendering refers to or calling a transgender or gender-nonconforming person by pronouns with whom they do not identify. Deadnaming is also incorrectly identifying someone; this happens when someone calls or refers to a transgender or gender nonconforming person by their legal name assigned at birth, which is not the name they currently use. Misgendering and deadnaming are forms of harassment. While these acts can happen by accident, it has a serious mental health impact and cannot be ignored. If teachers and school officials are consistently or intentionally misgendering you, it is not ok. The Lento Law Firm can take action to ensure this harassment is stopped once and for all.
Bullying and Harassment
Bullying and harassment are dangerous for both an LGBTQ+ student's physical and mental safety. Bullying and harassment related to being LGBTQ+ is discrimination and prohibited by federal and state LGBTQ+ anti-discrimination policies, as well as by most school districts or university's general anti-bullying and harassment policies. If you or your LGBTQ+ student is being bullied or harassed, do not wait for this to get worse; act immediately by calling the Lento Law Firm Education Law Team and formulate a protection plan.
Privacy Issues
There is almost no circumstance where a school can disclose an LGBTQ+ student's gender identity or sexual orientation without their permission. School officials cannot disclose this information to teachers, other school officials, students, or the LGBTQ+ student's family unless they have the student's explicit permission as to what information and to whom it can be disclosed. Furthermore, schools cannot threaten to out you or any LGBTQ+ student. Outing or threatening to out an LGBTQ+ student is against the law; if your school has threatened you or another LGBTQ+ student, call the Lento Law Firm to put a stop to this through legal action.
Gender Identity and Bathroom Rights
As of 2023, Wisconsin school districts cannot require transgender or gender nonconforming students to use bathrooms or locker rooms that match their gender assigned at birth. If you are a transgender or gender nonconforming student, your school must allow you to use the bathroom or locker room you feel is appropriate; if they try to stop you, contact the Lento Law Firm right away.
Gay-Straight Alliance or Gender Sexuality Alliance
While school authorities may not be fans of certain extra-curricular groups, they cannot limit the type of organization formed. Schools cannot prevent LGBTQ+ students from forming organizations relating to the LGBTQ+ community, such as a Gay-Straight Alliance or Gender Sexuality Alliance. If your school has led you to believe that LGBTQ+-related organizations are not permitted at your school or on campus, they are mistaken and can face legal action for violating federal law.
School Dances and Events
Schools cannot develop and implement policies that prohibit LGBTQ+ students from attending school functions with same-sex dates or require them to wear attire consistent with their sex assigned at birth. If your school tells you that school policy dictates otherwise, this is incorrect, and they know it. The Lento Law Firm Education Law Team will remind your school of the illegality of these "policies" and the legal actions that can be taken against them if they continue to take this position.
Hostile Education Environments and What to Do Next
If you are facing LGBTQ+-related discrimination or harassment, thoroughly document all incidents and notify your school. Once your school has been notified, it has a legal obligation to rectify the situation and protect your rights as an LGBTQ+ student. Every student deserves and is entitled to a safe educational environment. Contact the Lento Law Firm to discuss your rights and how we can work to protect you.
Areas We Serve in Wisconsin
The Lento Law Firm Education Law Team has successfully represented Wisconsin students of all ages, from K-12 through graduate school. Our students come from some of the largest school districts in the state, including Milwaukee Public Schools, Madison Metropolitan School District, and Kenosha School District. Our college, university, and graduate school clients have attended schools including the University of Wisconsin, Edgewood College, and Concordia University Wisconsin.
Retain the Lento Law Firm Education Law Team
As a Wisconsin LGBTQ+ student, you never have to tolerate discrimination or harassment based on your gender identity or sexual orientation. Let the Lento Law Firm Education Law Team support you and ensure your school does its job of protecting you. Call us today at 888-535-3686 or contact us online.
