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This legal guide will focus on the rights of LGBTQ+ Students. As a middle school teacher, I have a diverse group of students in my classroom. Many of which identify as LGBTQ+. I chose this topic because I am passionate about student inclusion as well as informing students’ their rights and what they can do to prevent discrimination.

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According to a study done by the Gay, Lesbian, and Straight Education Network, 96% of all LGBTQ students could identify one adult in their school who was supportive of students who identified as LGBTQ+. Teachers play an important role in supporting and advocating for LGBTQ+ students. This includes ensuring that they are in a safe environment to learn. It is important to create an inclusive classroom and be an ally to all students.

An emerging issue related to this topic is bullying. Creating a classroom environment where there is a zero tolerance for bullying, is important. Having clear expectations of classroom behavior will assist in reducing any issues as well as ensuring that students do not use inappropriate language that is homophobic or transphobic. If a situation does occur, turning it into a teaching moment and communicating the importance of respecting each other will support the development of a safe school environment.

American Psychological Association. (2021). Answers to your questions for a better understanding of sexual orientation and homosexuality. American Psychological Association. https://www.apa.org/topics/lgbtq/orientation.

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GLSEN is a national network of students, parents and educators that inform legal rights to LGBTQ+. The goal is to ensure that every student has the right to a safe, supportive, and LGBTQ-inclusive K-12 education.
This organization keeps up to date legal laws/policies that are passed to ensure the safety and inclusion of this community.

LGBTQ+ Student Rights. GLSEN. (2021). https://www.glsen.org/activity/lgbtq-student-rights.

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LGBTQ+ Student Rights

It's official: The US Supreme Court says anti-LGBTQ+ discrimination is illegal.
No matter what you may have heard in the past, harassment and discrimination against LGBTQ+ students are against the law. If you go to a public school, they're also against the Constitution. Unfortunately, many LGBTQ+ students still experience them every day. Here's what you need to know.
AS AN LGBTQ+ STUDENT, YOU HAVE THE RIGHT:

To choose when and how to come out. You have the right to be out and proud, when and how you choose. You also have the right to keep your gender identity and sexual orientation private. Your school can't out you-even to your parents-without a strong justification.

To live as your true gender. You have the right to dress, use school restrooms and changing rooms, and participate in sports and other activities according to your gender identity. If you're not a boy or a girl and there are only boys' and girls' options, you have the right to say which option is most appropriate for you.

To express who you are and what you believe. You have the right to express your identity through speech and clothes and to speak about your beliefs. As long as you're following school rules and not harassing others, your school can't single you out (solely) because you're LGBTQ+.

To date who you want. You have the right to date who you want, regardless of gender, and go with your date to school events. Your school can't treat you different than other couples because you're LGBTQ+.

To form a student group. You have the right to form a GSA (Gay Straight Alliance or Gender Sexuality Alliance) or other any other type of LGBTQ+ student-focused club and have it be recognized the same as any other groups recognized by your school.

Not to be misgendered or harassed. You have the right to be called by the name and pronouns that match who you are in every aspect of the school day. Your school is responsible for stopping harassment, including if someone intentionally misgenders you.

To report harassment. Take notes of any incident of harassment. Put your school on notice right away that it has to protect you.

If you experience any problems at school, first talk to your principal or another official. If nothing happens, it's time to get help.
FILE A FEDERAL, STATE, OR LOCAL CIVIL RIGHTS COMPLAINT
If you have experienced school-based bullying, harassment, or discrimination, you can also file a complaint with your local school district, your state education agency, or the US Education Department today. You can file a complaint for bullying, harassment, or discrimination based on race, color, national origin, age, disability, sex, sexual orientation, gender identity, transgender status, or sex characteristics. For more information on how to file a complaint you can reference the Claim Your Rights resource.
GET HELP
If you have questions on how to take action, please do not hesitate to contact us:

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LGBTQ+ Student Rights It's official: The US Supreme Court says anti-LGBTQ+ discrimination is illegal. No matter what you may have heard in the past, harassment and discrimination against LGBTQ+ students are against the law. If you go to a public school, they're also against the Constitution.

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This article provides tips for building a more LGBTQ-Inclusive Classroom.

Understanding that students are ready to talk about LGBTQ+ issues

Understanding the wide variety LGBTQ and how it is a spectrum of different identities

Don’t assume that incorporating LGBTQ+ issues into your curriculum is inappropriate

How to use literature to provide student inclusion

English, J. (2020, December 3). 10 Tips for Building a More LGBTQ-Inclusive Classroom (Opinion). Education Week. https://www.edweek.org/teaching-learning/opinion-10-tips-for-building-a-more-lgbtq-inclusive-classroom/2019/10.

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This month is LGBTQ History Month. Founded in 1994, the annual campaign includes forums, marches, lectures, and "National Coming Out Day," all imploring Americans to increase the visibility of LGBTQ narratives.

Six states-California, Colorado, Illinois, Maryland, New Jersey, and Oregon-have answered the call to action over the past several years by passing legislation that will weave LGBTQ history and terminology into public school curricula. Colorado, for example, will reform history, English, and civics curricula, incorporating lessons on the AIDS Epidemic and novels with same-sex parents. Such policies bring discussion of LGBTQ issues out of the shadows and validate the healthy diversity in our communities.

State legislators and LGBTQ advocates should be applauded for their efforts, but the real impact will happen in individual classrooms. Educators will need to translate abstract policies into classroom activities, lesson plans, and conversations. For many, daunting questions arise: "What does it mean to be LGBTQ? Will I need to talk about sex? What books should I use? How do I support LGBTQ students during these units?"

Thankfully, there is no need to reinvent the wheel. I interviewed 25 middle and high school teachers across the country by phone, over email, and in person to illuminate 10 key mindsets and teaching methods that help facilitate LGBTQ-inclusive teaching:

1. Know that your students are ready to discuss LGBTQ issues. In fact, they have been engaging with LGBTQ issues for years through media, family, and conversations with peers. Unfortunately, most of this information is biased: Over 95 percent of middle and high school LBGTQ students report hearing homophobic remarks in school, but just 13 percent hear positive messaging about LGBTQ identity. Constructive in-class discussion about LGBTQ identities is a welcome-and necessary-addition to the dialogue.

2. Recognize that sexual and gender identity is multifaceted. Not every student fits into a box, and that's okay. GLAAD maintains a guide to LGBTQ identities, but deciding how and when to use labels is still daunting. When one 8th grader began questioning his own gender, his teacher, Amanda, found that knowledge of the transgender community helped her understand the student's concerns. She offered to use the student's preferred pronouns, shared a novel with a gender nonbinary protagonist, and stopped dividing her class by gender ("boys" and "girls" lines, for example). She explained, "labels help explain different experiences, but they shouldn't become rigid prescriptions for how someone should act or be treated."

3. Refrain from "call out culture," but when discipline is necessary, respond to all identity-based attacks consistently. If students misuse terms out of ignorance such as conflating homosexuality and being transgender, punishment may discourage them from asking questions or discussing LGBTQ issues generally. However, if students use intentionally insensitive slurs, treat the comment like any other slur; in fact, punishing racist comments while evading homophobic remarks could indirectly legitimize anti-LGBTQ attacks.

4. Don't assume talking about LGBTQ issues has to involve talking about sex. In Reading the Rainbow, researcher Caitlin L. Ryan and educator Jill M. Hermann-Wilmarth ask us to "shift our understanding of LGBTQ people away from sex and toward who people are, including how they live, whom they love, and with whom they build family and community." In speaking to the many facets of sexual and gender identity, you can share a fuller perspective of what it means to be LGBTQ in age-appropriate ways.

5. Trust your own positive intentions. An imperfect advocate is better than a silent bystander. Kristin, an 11th grade English teacher, described her embarrassment after asking her lesbian student if she preferred to use male pronouns: "I turned bright red when I realized how ignorant that sounded." Her student, however, saw genuine compassion underlying Kristin's comment. Terminology is easy to fix when one's heart is in the right place. Students will understand this.

6. Integrate LGBTQ-inclusive books with other books, and make them easy to check out anonymously. Shelly, a high school English teacher in Tennessee, explained, "At first, I created an LGBTQ+ section, but only students who identified this way picked up the books. When I integrated the books with the other genres, many students checked them out." Her approach allows students to select books discreetly and leverages their complementary interests in, say, science fiction or fantasy.

7. Treat LGBTQ characters in literature as whole people with many interests and identities. Donna, a creative writing teacher, emphasizes the importance of creating many "points of relatability" between students and an LGBTQ protagonist-hobbies, aspirations, relationships, or other identities-to ensure students "don't think sexuality has to define someone."

8. Speak in terms of relationships rather than labels. For example, when teaching The Color Purple, AP Literature teacher Jackie refrains from asking if the main character, Celie, is lesbian. Rather, she tries to capture the complexity of attraction, asking students to "examine Celie's relationship with Shug. Why is Celie drawn to her? What motivates Celie's romantic interest in women generally?" The conversation reinforces that relationships are nuanced combinations of preferences, emotions, and circumstances.

9. Don't rely on LGBTQ students to explain LGBTQ characters to the class. Let them volunteer, but otherwise treat them like any other student. Many LGBTQ students are still figuring out their own identities, and asking them speak for an entire minority group is daunting. Additionally, singling them out may create the impression that LGBTQ people are monolithic.

10. Build in substantial free response and open discussion time. Zachary, a 7th grade ELA teacher, started a "Questions Mailbox," where students can submit questions on any topic from class anonymously. He found it was a win-win: students could submit questions at their leisure, and he had time to craft a thoughtful answer before the next day's lesson.

Many other resources help educators navigate LGBTQ-inclusive teaching. The "Welcoming Schools" project provides lesson planning resources, and Ryan and Hermann-Wilmarth's Reading the Rainbow highlights inclusive pedagogical approaches. If educators believe a student might need formal support for mental illness or physical harm, they should be ready to refer students to professionals.

By changing who is represented in the classroom, educators can signal to LGBTQ students that they are not alone, abnormal, or unwell; rather, their community and experiences are of value-worth writing about, studying, and discussing. Cultivating an inclusive classroom might be a daunting endeavor, but it is a crucial one.

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10 Tips for Building a More LGBTQ-Inclusive Classroom (Opinion)

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Don't assume talking about LGBTQ issues has to involve talking about sex, and other important lessons from teachers.

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This article provides LGBTQ+ student experiences in the classroom.

New study sheds light on experiences of LGBTQ students in secondary schools.

LGBTQ students were at higher risk for bullying, chronic sadness, thoughts of suicide, and poorer learning engagement and academic performance.

Study found that if LGBTQ students experienced the same levels of support and safety at school, disparities would disappear or greatly diminish.

Shedding Light on the Experiences of LGBTQ Students: Sobering Data and Reasons for Hope. WestEd. (n.d.). https://www.wested.org/rd_alert_online/lesbian-gay-bisexual-transgender-queer-students-experiences-data/#.

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Slide #6 Constitutional Law: The First Amendment of the U.S. Constitution is adopted as part of the Bill of Rights

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Slide #6 Constitutional Law: The First Amendment of the U.S. Constitution is adopted as part of the Bill of Rights

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Protects students’ freedom of speech and freedom of expression.

Includes the right to dress according to a person’s gender identity.

Allows transgender views to be shared openly.

Allows sexual orientation expression.

(U.S. Const. amend. I).

Link: https://www.law.cornell.edu/constitution/first_amendment

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Slide #7 Statutory Law, Title IX of the Education Amendments

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Slide #7 Statutory Law, Title IX of the Education Amendments

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Bans discrimination based on sex.

Protects students at schools that receive federal funds.

LGBTQ targets of sex discrimination and harassment have successfully relied on Title IX’s protections in several court cases involving schools. (20 U.S.C. ch. 38 § 1681 et seq.).

Link: https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter38&edition=prelim

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Slide #9 Judicial Law, M.A.B., Plaintiff, v. Board of Education of Talbot County

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Slide #9 Judicial Law, M.A.B., Plaintiff, v. Board of Education of Talbot County

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M.A.B was a designated female at birth but identified as a male. Therefore, this gives him the status of a transgender boy. The school was complacent with the student’s physical changes however, did not allow the student to use boys’ locker rooms. A decision was reached that allowed students who are transgender to use sex-segregated school restrooms and locker rooms that align with their gender identity under Title IX of the Education Act of 1972.

(M.A.B. v. Board of Education of Talbot County, 2018).

A school district can not exclude a student who is transgender from restrooms or locker rooms.

Link:
https://law.justia.com/cases/federal/district-courts/maryland/mddce/1:2016cv02622/358018/53/

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Slide #8 Statutory Law, the Equal Access Act (EAA)

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Slide #8 Statutory Law, the Equal Access Act (EAA)

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Prohibits secondary schools that receive federal funds from discriminating against non-curriculum-related student groups based on their political, philosophical, or religious viewpoint.

LGBTQ+ groups like the Gay Straight Alliance, are able to form GSA groups in public schools.

(20 U.S.C. § 4071)

Link: https://www.law.cornell.edu/uscode/text/20/4071

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C.5. Nondiscrimination.

“Counselors do not condone or engage in discrimination against prospective or current clients, students, employees, supervisees, or research participants based on age, culture, disability, ethnicity, race, religion/spirituality, gender, gender identity, sexual orientation, marital/ partnership status, language preference, socioeconomic status, immigration status, or any basis proscribed by law.”

Prevents counselors from discriminating against LGBTQ+ students. This code of ethics protects the diverse range of students in a school and makes sure they receive counseling services.

American Counseling Association. (2014). ACA Code of Ethics. Alexandria, VA.

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

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1. Set and reinforce a vision and mission statement that is welcoming and inclusive of LGBTQ students.

2. Assess, strengthen, and monitor school climate on a regular and ongoing basis.

3. Adopt and implement clear, consistent, and comprehensive non-discrimination policies that protect and affirm students’ sexual orientation, gender identity, and/or gender expression, among other characteristics (e.g., race, religion, etc.), and prohibit discrimination against students, families, and educators on those bases.

4. Ensure that anti-bullying and harassment policies enumerate and specifically include protections for LGBTQ students.

5. Ensure that discipline policies rely on positive and restorative approaches and do not disproportionately target LGBTQ youth, students of color, English Language Learners (ELL), or students with disabilities.

6. Ensure that district and school policies are designed and implemented to support transgender and gender nonconforming students, who face even more hostile school climates than other students in the LGBTQ community.3

7. Ensure that professional development and educator resources include a focus on creating inclusive learning environments in which all students, including LGBTQ students, feel safe and welcome.

8. Establish a welcoming and affirming environment for LGBTQ students and their allies.

Respect for All: Policy Recommendations to Support LGBTQ Students. GLSEN. (2001). https://www.glsen.org/activity/respect-all-policy-recommendations-support-lgbtq-students.

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This GLSEN source is an informative website that provides teachers with how to provide LGBTQ+ support in the classroom. It is full of legal policies and ways to create an inclusive space for all students.

Respect for All: Policy Recommendations to Support LGBTQ Students. GLSEN. (2021). https://www.glsen.org/activity/respect-all-policy-recommendations-support-lgbtq-students.

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School and district leaders, educators, and school staff have a significant opportunity-and responsibility-to create learning environments in which all students can thrive and achieve their full educational potential.

Fostering a sense of belonging and connectedness in school are crucial for putting all students on a path to success. ¹ However, many LGBTQ students are left feeling unsupported in their schools. In order to ensure that school learning environments are supportive of all students, it is critical to implement specific policies and procedures that support LGBTQ youth, affirm their identities, promote safe and healthy learning environments, and advance equity and respect for all in our schools. ²

This resource provides education policymakers and practitioners, particularly at the district and school levels, with concrete recommendations related to creating safe and affirming learning environments that uphold the dignity of all students. To meet this objective, districts and schools should:

1. Set and reinforce a vision and mission statement that is welcoming and inclusive of LGBTQ students.

2. Assess, strengthen, and monitor school climate on a regular and ongoing basis.

3. Adopt and implement clear, consistent, and comprehensive non-discrimination policies that protect and affirm students' sexual orientation, gender identity, and/or gender expression, among other characteristics (e.g., race, religion, etc.), and prohibit discrimination against students, families, and educators on those bases.

4. Ensure that anti-bullying and harassment policies enumerate and specifically include protections for LGBTQ students.

5. Ensure that discipline policies rely on positive and restorative approaches and do not disproportionately target LGBTQ youth, students of color, English Language Learners (ELL), or students with disabilities.

6. Ensure that district and school policies are designed and implemented to support transgender and gender nonconforming students, who face even more hostile school climates than other students in the LGBTQ community. ³

7. Ensure that professional development and educator resources include a focus on creating inclusive learning environments in which all students, including LGBTQ students, feel safe and welcome.

8. Establish a welcoming and affirming environment for LGBTQ students and their allies.
WHY IS THIS SO CRITICAL?
Students are most likely to reach their full educational potential in positive learning environments that are safe, secure, welcoming, and where they feel a sense of belonging. Research demonstrates that an affirming school climate leads to improved behavioral, academic, and mental health outcomes for all students. ⁴ Not surprisingly, schools promoting LGBTQ-inclusive and affirming learning environments have fewer student absences and greater improvements in academic achievement across grade levels. ⁵

LGBTQ students disproportionately report being subject to unsafe school climates, and thereby are denied equal access to educational opportunity and the opportunity for healthy social and emotional development. GLSEN research shows that 59.5% of LGBTQ students felt unsafe at school because of their sexual orientation, and 44.6% felt unsafe because of their gender expression, ⁶ and that LGBTQ students reported higher levels of peer victimization at school than other students - 89.4% of LGBTQ students reported victimization experiences versus 71.4% of other students. ⁷

Student victimization and unsafe school climates have real consequences on both the personal health and academic outcomes of LGBTQ youth. Students who experienced victimization at school were almost three times more likely to have skipped school because they felt unsafe or uncomfortable; to have demonstrated lower levels of academic achievement including lower GPAs; and to have had lower self-esteem and higher levels of depression when compared to students who did not experience victimization related to their sexual orientation and/ or gender expression. ⁸ Similarly, the Center for Disease Control (CDC) reports that 60.4% of gay, lesbian, and bisexual students nationwide felt so sad or helpless in schools that they stopped participating in usual activities compared to 26.4% of heterosexual students. ⁹

The good news is that through thoughtful development and implementation of policies and procedures, districts, schools, and educators can provide LGBTQ students with the inclusive and supportive environments they need to thrive in school and beyond. ¹⁰

Indeed, many schools and districts across the country have implemented such policies, which have transformed the educational experience of LGBTQ students while avoiding any disruption or harm to the educational experience of other students. This resource provides some examples of state and district implementation to elevate positive approaches that might be considered for replication.
GUIDANCE ON IMPLEMENTING POLICY RECOMMENDATIONS
Each step that districts and schools take to improve school climate is an investment in better educational outcomes and healthy youth development. Below, we provide further examination of the eight policy recommendations, which includes suggested policy language, resources, and best practices to improve the educational experiences of LGBTQ students:

1. Set and reinforce a vision or mission statement that is welcoming and inclusive of LGBTQ students. Through a stated vision and mission statement, and in communications with students, families, educators, and community members, education leaders can set the tone and expectation for welcoming and inclusive school environments. An inclusive vison and mission statement should be visible to the entire school community, both displayed in the school building and on all related school materials, including the district/school strategic plan, school orientation events, family/community meetings, staff meetings, and all and appropriate school materials, such as student and faculty handbooks.

RESOURCES

Values Statement of Inclusion and Respect is a national call to action issued by nine leading education organizations that affirms the right of all students to attend school in an environment free from fear, violence, and intimidation, including students of color, undocumented, LGBTQ, Muslim, and/or living with disabilities.

2. Assess, strengthen, and monitor school climate on an ongoing basis. To advance educational equity for all students, regularly assess the school climate and student experience in schools.

Conduct school climate surveys. Have a process for schools to use data to better understand the landscape of student experiences, including instances of bias, bullying, harassment, discrimination, relationships with teachers and peers, and school connectedness. This data can also be used to assess the needs of the school or district and to track progress and effectiveness of efforts to improve school climate;

Include questions about sexual orientation, gender identity, and gender expression, along with other demographic identities (e.g. race, ethnicity, sex at birth, ELL, etc.);

Monitor disparities in school climate for LGBTQ students by disaggregating relevant data by sexual orientation and gender, including transgender identity. Data sources could include school climate surveys, discipline data, and bullying and harassment incident reports, among others. For transparency, we encourage publicly reporting the data unless the sample size is too small, so as not to reveal personally-identifiable information of a student;

Include measures of school climate, discipline data, and measures of incidents of bullying and harassment in any diagnostic reviews, including needs assessments for school improvement, disaggregated by sexual orientation, gender identity, and gender expression, along with race, ethnicity, disability status, and ELL status.

RESOURCES

3. Adopt and implement clear, consistent, and comprehensive non-discrimination policies that protect and affirm students' sexual orientation, gender identity, and/or gender expression, among other characteristics (e.g., race, ethnicity, religion, etc.), and prohibit discrimination against students, families, and educators on those bases.

These nondiscrimination policies should:
RESOURCES

District Anti-Bullying and Anti-Harassment Model Policy provides policy language based on best practices and research that can be adapted to work for your district and includes guidance on non-discrimination language.

Open Letters to Schools on the Rights of LGBT Students: These letters by the ACLU LGBT and HIV Project explain the law on a variety of issues that frequently affect LGBTQ students.

DISTRICT IMPLEMENTATION SPOTLIGHT

Dallas Independent School District in Texas has a district-wide policy that offers protections for students and staff on the basis "of race, color, ethnicity, religion, national origin, gender, disability, sexual orientation, genetic information, gender identity, or gender expression" from discrimination, harassment, and bullying.

4. Ensure that anti-bullying and harassment policies enumerate protections for LGBTQ students.
Anti-bullying and harassment policies that do not explicitly name or enumerate both sexual orientation and gender identity/expression often fail to provide a sufficient level of protection in practice for LGBTQ students. ¹¹ Therefore, anti-bullying and harassment policies should:

Prohibit bullying and harassment of students on any basis and expressly enumerate the characteristics of sexual orientation, gender identity, and gender expression, as well as race, ethnicity, color, national origin, sex, disability, and religion;

Have clear and timely procedures of action regarding responsibilities for investigation and timeline for addressing reported incidents;

Ensure that all school staff address bullying incidents fairly by curbing unnecessary discretion and intervene effectively in ways that do not blame LGBTQ students, or any student, for their own victimization; and

Have a clear parental notification process for reporting incidents of bullying and harassment at the school that does not risk "outing" a student or placing a student in an unsafe home situation.

RESOURCES

5. Ensure that discipline policies rely on positive and restorative approaches to justice and do not disproportionately target LGBTQ youth, students of color, English Language Learners (ELL), or students with disabilities. Studies show LGBTQ youth are disproportionately subject to

harsh forms of discipline, thus depriving them of educational opportunities. ¹² In particular, exclusionary practices that result in the removal of students from the classroom have led to student push-out and increased youth involvement with the juvenile and criminal justice system, often referred to as the "school-to-prison pipeline." ¹³ Adopting restorative approaches has shown to be effective in reducing school discipline overall and can positively impact all students, including LGBTQ students.

Discipline policies should:

Not include zero-tolerance policies, which mandate harsh disciplinary practices like suspension or expulsion regardless of the severity of the offense;

Ensure that schools have practices in place to guard against inequitable enforcement of discipline policies;

Employ graduated approaches that take into account the seriousness of the offense in order to keep students in school whenever possible;

Implement restorative practices that focus on resolving conflicts, repairing relationships, and building community. Consider bringing in external partners or technical assistance to train administrators and educators in this practice; and

Ensure that any School Resource Officers (SROs) or other types of security personnel are properly trained to interact positively with all students, including LGBTQ students, especially LGBTQ students of color. Make sure that there is a clear memorandum of understanding (MOU) between the school and law enforcement about the SROs' role, responsibilities, and jurisdiction.

RESOURCES

6. Ensure that district and school policies are designed and implemented to support transgender and gender nonconforming students, who face even more hostile school climates than other students in the LGBTQ community. Transgender students too often encounter school experiences that can have life-long mental health, social, emotional, and socio-economic consequences - not because they are transgender, but because of how they are treated because they are transgender. ¹⁴ A school policy that sets forth principles and procedures for supporting transgender and gender nonconforming students can provide clear expectations for the school community and avoid invasion of privacy and other harms. ¹⁵

District and school policies should:

Accept the gender identity that each student asserts. There is no medical or mental health diagnosis or treatment threshold that students must meet in order to have their gender identity recognized and respected. The assertion may be evidenced by an expressed desire to be consistently recognized as the sex consistent with their gender identity;

Allow students to use their chosen name and gender. School staff should privately ask transgender or gender nonconforming students how they want to be addressed in class, and in school communication with the student's parents or guardians, with whom the student may not have shared their gender identity;

Ensure equal access to all school facilities according to a student's gender identity. Schools may maintain separate restroom, locker room or changing facilities for male and female students, provided that they allow all students equal access to facilities that are consistent with their gender identity. In addition to transgender boys and girls, there are students who do not identify as male or female. When gender-neutral options are not available, these students may need to make an individual determination about which facility is safest and most comfortable for them;

Allow all students to participate in physical education classes and intramural sports in a manner consistent with their gender identity. All students should be permitted to participate in interscholastic athletics in a manner consistent with their gender identity, under the guidelines established by the state interscholastic association;

Evaluate all gender-based activities, rules, policies, and practices including classroom activities, school ceremonies, and school photos, and maintain gender-segregated policies only when absolutely necessary;

Ensure that dress codes are gender-neutral. Any policies that are based on gender differences must permit students to dress in compliance with the school's dress code consistent with their gender identity and expression;

Ensure that all personally identifiable and medical information relating to transgender and gender nonconforming students, like all students, is kept confidential. School staff should not disclose any information that may reveal a student's transgender status to others, including parents or guardians and other school staff, unless legally required to do so or unless the student has authorized such disclosure.

RESOURCES

7. Ensure professional development and educator resources focus on creating inclusive learning environments in which all students feel safe and welcome. This type of learning is valuable for all staff members in the school or district, not just educators.

Address strategies to create safe and inclusive schools in professional learning. These include effective strategies to prevent bullying and to stop such behaviors once they have begun, implementing restorative justice practices, and empowering educators to use and create LGBTQ-inclusive curriculum;

Ensure that professional learning is inclusive of LGBTQ students with multiple intersecting identities, for example, LGBTQ students of color, undocumented LGBTQ students, or LGBTQ students with disabilities, as these students often endure additional forms of discrimination and stigma.

Ensure that staff are skilled and confident in their abilities to implement learning opportunities, such as cultural competency training or safe space training, which increase awareness of issues impacting LGBTQ students and the effective strategies for improving their educational experiences. It is critical that these opportunities include modeling and practice of effective behaviors;¹⁶

Include such professional development focused on establishing safe and inclusive learning environments in district- and school-level professional development plans, including district Title II plans under the Every Student Succeeds Act (ESSA), and ensure the funding and resources to implement this effectively.

RESOURCES

Safe Space Kit is a guide for how to support and be an ally to LGBTQ youth by assessing the school's climate, policies, and practices.

Ready, Set, Respect! An Elementary Toolkit provides tools to support elementary school educators, including lesson plans on teachable moments such as respect and name-calling, and other bullying prevention programs.

Pronouns: A Resource for Educators: A tool for supporting transgender and gender nonconforming (GNC) educators and students.

Local GLSEN Chapters offer professional development for K-12 schools. Connect with a GLSEN chapter near you.

GLSEN Educator Network helps educators stay connected to new resources, lesson plans, educational opportunities, and programming to create more inclusive schools.

DISTRICT IMPLEMENTATION SPOTLIGHT

The School District of Palm Beach County established the Office of African American, Latino, and Gender Studies, which assists district, faculty, and staff to incorporate gender sensitivity into K-12 curriculum in an age-appropriate manner, including a resource for teachers titled "We're All In."

8. Establish a welcoming and affirming environment for LGBTQ students and their allies. There are many steps that education leaders and educators can take to ensure that the school environment fosters a sense of belonging and is safe and affirming for LGBTQ students and families. These include both creating opportunities for and removing barriers to inclusion. For example:

Allow students to participate fully in LGBTQ- supportive extracurricular activities. This includes support for LGBTQ-inclusive and student-led clubs, such as Gay-Straight Alliances or Gender & Sexuality Alliances (GSAs). Students attending schools with a GSA report hearing fewer homophobic remarks and fewer negative remarks about gender expression and transgender people, were less likely to feel unsafe and miss school for safety reasons, and report a greater sense of belonging to their school community.¹⁷

Adopt and implement a curriculum that is LGBTQ-inclusive. LGBTQ students who reported that their classroom curriculum included positive representations of LGBTQ people and topics had higher GPAs, higher educational aspirations, and were more likely to have classmates who were accepting of LGBTQ people.¹⁸ Some states and school districts have integrated LGBTQ-specific content into their subject requirements through LGBTQ-inclusive curriculum policies;¹⁹

Encourage the visibility of LGBTQ-supportive educators by allowing them to display stickers and other signs of support, including GLSEN's Safe Space stickers, Safe Space poster, and Ally lanyards in their classrooms. When educators display LGBTQ-affirming stickers and posters in their classrooms, there are a variety of positive effects for LGBTQ students. For example, LGBTQ students who had seen a GLSEN Safe Space sticker or poster in their school were more likely to identify school staff who were supportive of LGBTQ students and more likely to feel comfortable talking with school staff about LGBTQ issues;²⁰ and

Activities or initiatives that establish positive school conditions for learning for all students must include LGBTQ students, and engage LGBTQ students in the stakeholder consultation and needs assessment process to inform those activities. Title IV, Part A under the Every Student Succeeds Act provides federal funding to states to award to districts. Districts must spend at least twenty percent of these funds on activities to support safe and healthy students, and must engage in consultation with stakeholders to inform the district's application. This provides districts and schools with an additional funding source to help implement the types of activities directly related to fostering a safe and inclusive school environment, and a mechanism to engage LGBTQ students and consider school climate in the needs assessment.

RESOURCES

STATE IMPLEMENTATION SPOTLIGHT

California's Fair, Accurate, Inclusive, and Respectful ( FAIR) Education Act "ensures that the historical contributions of lesbian, gay, bisexual, and transgender (LGBT) people are accurately and fairly portrayed in instructional materials by adding LGBT people to the existing list of under-represented cultural and ethnic groups already included in the state's inclusionary education requirements."

CONCLUSION

Research has demonstrated the positive impact that safe and inclusive learning environments can have on student success. Research has also shown that LGBTQ students experience unsafe school climates at a higher rate than their peers, leading to greater risk of missed school days, lower GPAs, and higher dropout rates. Schools and districts have a significant opportunity - and responsibility- to ensure policies and practices that create safe and inclusive learning environments for all students. From setting an inclusive vision, monitoring school climates, adopting comprehensive non-discrimination and anti-bullying policies, to creating restorative approaches to discipline, these recommendations seek to move toward a future education system in which all students, including and particularly LGBTQ students, have the opportunity to learn and succeed in school.

If any terms were unknown, please visit our " Glossary of Terms " on the GLSEN website.

ACKNOWLEDGEMENTS

Many thanks to partners that provided valuable input in the content of this resources.

The School Superintendents Association (AASA)

Education Counsel

National Association of Secondary School Principals (NASSP)

National Parent Teacher Association (PTA)

ABOUT GLSEN

GLSEN works to create safe and inclusive schools for all. We envision a world in which every child learns to respect and accept all people,regardless of sexual orientation, gender identity, and/or gender expression. Each year, GLSEN programs and resources reach millions of students and educators in K-12 schools across the United States, and our network of 39 community-led chapters in 27 states brings GLSEN's expertise to local communities. GLSEN's progress and impact have won support for inclusive schools at all levels of education in the United States and sparked an international movement to ensure equality for LGBTQ students and respect for all in K-12 education.

For additional questions about the resource, contact GLSEN's Public Policy department at policy@glsen.org or 202-347-7780.

END NOTES
¹ Cantor, P., Osher D., Berg, J., Steyer, L., & Rose, T., (2018) Malleability, Plasticity, and Individuality: How children learn and develop in context, Applied Developmental Science; Osher, D., Cantor, P., Berg, J., Steyer, L., & Rose, T., (2018) Drivers of human development: How relationships and context shape learning and development. Applied Developmental Science. Jones, S.M., & Kahn, J. (2017).

The evidence base for how we learn: Supporting students' social, emotional and academic development. Consensus statement of evidence from the Council of Distinguished Scientists. The Aspen Institute's National Commission on Social, Emotional and Academic Development. 9-13-17. Thapa, A., Cohen, J., Guffey, S., & Higgins-D'Alessandro, A. (2013). A review of school climate research. Review of Educational Research, 83, 357-385. Cohen, J., McCabe, E.M, Michelli, N.M. & Pickeral, T. (2009). School Climate: Research, Policy, Teacher Education and Practice. Teachers College Record, Volume 111: Issue 1: pp. 180-213.

² Greytak, E. A., Kosciw, J.G., Villenas, C., & Giga, N. M. (2016). From Teasing to Torment: School Climate Revisited, A Survey of U.S. Secondary Students and Teachers. New York: GLSEN. American Educational Research Association. (2013). Prevention of bullying in schools, colleges, and universities: Research report and recommendations. Washington, DC: American Educational Research Association.

³ Reisner, S.L., Greytak, E.A., Parsons, J.T., & Ybarra, M.L. (2014). Gender minority social stress in adolescence: Disparities in adolescent bullying and substance use by gender identity. The Journal of Sex Research.

⁴ Thapa, A., Cohen, J., Guffey, S., & Higgins-D'Alessandro, A. (2013). A review of school climate research. Review of Educational Research, 83, 357-385.

⁵ Kosciw, J. G., Palmer, N. A., Greytak, E. A., & Kull, R. M. (2013). The effect of negative school climate on academic outcomes for LGBT youth and the role of in-school supports. Journal of School Violence,12, 45-63.

⁶ Kosciw, J. G., Greytak, E. A., Zongrone, A. D., Clark, C. M., & Truong, N. L. (2018). The 2017 National School Climate Survey: The experiences of lesbian, gay, bisexual, transgender, and queer youth in our nation's schools. New York: GLSEN.

⁷ Greytak, E.A., Kosciw, J.G., Villenas, C. & Giga, N.M. (2016). F rom Teasing to Torment: School Climate Revisited, A Survey of U.S. Secondary School Students and Teachers. New York: GLSEN.

⁸ Greytak et al., 2018.

⁹ Kann L, Olsen EO, McManus T, et al. Sexual Identity, Sex of Sexual Contacts, and Health-Related Behaviors Among Students in Grades 9-12 - United States and Selected Sites, 2015. MMWR Surveill Summ 2016;65(No. SS-9):1-202.

¹⁰ Greytak, E. A., Zongrone, A. D., Clark, C. M., & Truong, N. L. (2018). The 2017 National School Climate Survey: The experiences of lesbian, gay, bisexual, transgender, and queer youth in our nation's schools. New York: GLSEN.

¹² Poteat, V. P., Scheer, J. R., & Chong, E. S. K. (2015). Sexual orientation-based disparities in school and juvenile justice discipline: A multiple group comparison of contributing factors; Journal of Educational Psychology, 108(2). Snapp, S., Hoenig, J., Fields, A., & Russell, S.T. (2015). Messy, butch, and queer: LGBTQ youth and the school to-prison pipeline. Journal of Adolescent Research, 30, 57-82.

¹³ Redfield, Sarah E. and Nance, Jason P. (2016). American Bar Association Joint Task Force on Reversing School to Prison Pipeline. https://www.americanbar.org/content/dam/aba/administrative/diversity_pipeline/stp_preliminary_report_final.authcheckdam.pdf.

¹⁴ Amicus brief filed by National PTA, GLSEN, and other education organizations in support of respondent in U.S. Supreme Court case Gloucester County School Board v. G.G. Available at https://www.glsen.org/sites/default/files/GLSEN-Amicus-Brief-Gavin-Grimm.pdf.

¹⁵ U.S. Department of Education, Office of Elementary and Secondary Education, Office of Safe and Healthy Students, Examples of Policies and Emerging Practices for Supporting Transgender Students (May 2016).

¹⁶ Greytak, E.A., Kosciw, J.G. & Boesen, M.J. (2013). Educating the educator: Creating supportive school personnel through professional development. Journal of School Violence 12, 80-97.

¹⁷ Greytak, E. A., Zongrone, A. D., Clark, C. M., & Truong, N. L. (2018). The 2017 National School Climate Survey: The experiences of lesbian, gay, bisexual, transgender, and queer youth in our nation's schools. New York: GLSEN.

¹⁹ Saint Paul Public school policy on Multicultural, Intersectional, Nonracist, Non-sex-Biased, Gender, and Disability Fair education https://www.spps.org/cms/lib/MN01910242/Centricity/domain/1240/board%20policies/sect%20vi%20-%20ed.%20 programs/602.01Multicultural_gender_and_disab_6-17-08_Former_617.00.pdf.

²⁰ GLSEN (2015). Evaluation of GLSEN's Safe Space Kit. The Utility of an Educator Resource for Improving School Climate for Lesbian, Gay, Bisexual and Transgender Youth. New York: GLSEN.

# data[].attributes.attachment_link.title
Respect for All: Policy Recommendations to Support LGBTQ Students

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School and district leaders, educators, and school staff have a significant opportunity-and responsibility-to create learning environments in which all students can thrive and achieve their full educational potential. Fostering a sense of belonging and connectedness in school are crucial for putting all students on a path to success.

# data[].attributes.headline
Slide #10 Local Administrative Law/Policy/Rule

# data[].attributes.subject
Slide #10 Local Administrative Law/Policy/Rule

# data[].attributes.body
According to the San Angelo ISD Handbook, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” (San Angelo ISD Handbook, 2021).

Enforcement of Title IX with Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County (June 16, 2021). Supreme Court ruled that 1964 Civil Rights Act barring sex discrimination in the workplace protects LGBTQ+ employees from being fired because of their sexual orientation.

# data[].attributes.attachment_link.readable_text
Title IX is a federal civil rights law passed as part of the Education Amendments of 1972. This law protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

Title IX Coordinator and Contact Information

The District designates and authorizes the following person as the Title IX coordinator to be responsible for coordinating the District's efforts to comply with Title IX of the Education Amendments of 1972, as amended, for students:

Shelly Hullihen
Deputy Superintendent of Administrative Services
shelly.hullihen@saisd.org
(325) 947-3838 x778

# data[].attributes.attachment_link.title
Title IX - San Angelo Independent School District

# data[].attributes.attachment_link.description
Title IX is a federal civil rights law passed as part of the Education Amendments of 1972. This law protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance.