Know Your Rights: LGBTQ Students

Last updated: June 7, 2021 11:45 pm

A photo of a person holding up a whiteboard with the words written 'Hello, my pronouns are [blank/blank]. The words are written in rainbow colors.
  • 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.