Know Your Rights: LGBTQ+ Students
The Rights of LGBTQ+ Public School Students
- LGBTQ+ students have a right to be who they are and express themselves in public schools.
- Schools should not “out” students to their families.
- LGBTQ+ students have the right to attend school free from discrimination based on their sex, gender identity, or sexual orientation.
- 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.
- Public schools cannot force students to wear clothing inconsistent with their gender identity.
- If a public school permits any noncurricular clubs, 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.
- LGBTQ+ students have the right to go to the principal or another school staff member if they're being harassed. The school has the duty to reasonably respond to harassment, including when peers or teachers misgender people, ask invasive questions about LGBTQ+ status, or intentionally use a deadname.
- Students’ transgender status and gender assigned at birth are confidential information protected by federal privacy law. If the school reveals that information to anyone without the student’s permission, it could be violating federal law. If a student doesn’t want school officials revealing their private information to others, including the legal name, the student can tell the school very clearly that they want that information kept private and that the school should not disclose that information to anyone without consent.
- Students have the right to know of all individuals, agencies, and organizations that have requested the student’s personal information from their school.
- All students have the right to use restrooms and locker rooms and participate on sports teams consistent with their gender identity.