Know Your Rights: LGBTQ Students

LGBTQ students have a right to be who they are and express themselves in public schools.
Public schools should not “out” students to their families.
Public schools have a responsibility to create a safe learning environment. They cannot ignore harassment based on a student’s appearance or behavior. Students should report harassment or threats to a principal or counselor. This puts the school on notice that officials can be held legally responsible for not protecting students.
Public schools cannot force students to wear clothing inconsistent with their gender identity.
If a public school permits any noncurricular clubs — clubs that aren’t directly related to classes taught in the school — then it must allow students to form a Gay-Straight Alliance or other LGBTQ-themed clubs, and the school can’t treat it differently from other noncurricular clubs.
Students’ transgender status and gender assigned at birth are confidential information protected by federal privacy law. If your school reveals that information to anyone without your permission, it could be violating federal law. If you don’t want school officials revealing your private information to others, including your legal name, tell them very clearly that you want your information kept private and that they should not disclose that information to anyone without your consent.
Some states and cities explicitly protect the right of transgender students to use restrooms and locker rooms consistent with their gender identity. Additionally, several courts have ruled that excluding transgender boys and girls from using the same restrooms as other boys and girls violates federal education law. This is an area of the law that is changing a great deal right now. We recommend that you contact the ACLU if you have any questions about your rights at school.

1. Are LGBTQ people protected from discrimination in schools?

A.Are LGBTQ people protected from discrimination in schools?

Title IX of the Education Amendments of 1972 bans discrimination on the basis of sex by public schools, and several federal courts have ruled that Title IX protects LGBTQ students from discrimination or harassment.
Federal courts have held that Title IX requires public schools to respond to harassment based on appearance or behavior that doesn’t conform to gender stereotypes: boys who wear makeup, girls who wear pants, or students who are transgender or non-binary. The First Amendment right to free expression can also apply to school dress codes.
Your constitutional right to privacy makes it illegal for your school to “out” you to anyone without your permission, even if you’re out to other people at school.
The First Amendment protects your right to express yourself in public schools. That includes bringing a same-sex date to prom or any school event.
Your right to be yourself in school includes the right to be transgender or transition at school. While the law in this area is evolving, a growing number of courts have found that Title IX and the Constitution protect transgender students’ right to access sex-separated programs and facilities consistent with their gender identity. Some state and local laws also explicitly protect transgender students from discrimination in schools.

2. If your rights are violated

A.If your rights are violated

Document everything. Take notes and keep copies of any emails with school administrators relevant school forms, etc.
If anyone at school is harassing or threatening you, it’s crucial that you report every incident to a principal or counselor. Usually schools must be put on notice before they can be held legally responsible for protecting you.
If you have reported harassment or any other kind of discrimination to your school officials and they have done little or nothing to stop it, we encourage you to contact your local ACLU affiliate or the national ACLU LGBT & HIV Project for help weighing your options.