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Professional Perspective: As a future school counselor, I believe that all students, including those who identify as LGBTQ+, have a right to attend school free from harassment and discrimination. My professional values, grounded in legal protections such as Title IX and the ASCA Ethical Guidelines, emphasize confidentiality, informed consent, and culturally responsive care. My background in Elementary Education and my ongoing graduate training in Professional School Counseling allow me to navigate both the instructional and emotional needs of students. My background in education and school counseling allows me to fulfill legal responsibilities while fostering a safe, affirming environment for LGBTQ+ students.

Audience: This guide is intended for other school counselors in Texas. This guide can be used for professional development or as a quick reference for counselors throughout the school year.

Topic: My topic of concern is the Legal and Ethical Responsibilities in Supporting LGBTQ+ Students in Public Schools. I’m drawn to this subject for several reasons. First, I want to deepen my understanding of the laws and ethical guidelines that impact LGBTQ+ students, particularly within the conservative state of Texas. As more students come out each year, school counselors need to be well-informed and prepared to support them. I believe this topic will be highly relevant to my future role as a school counselor, and gaining insight now will help me create a safe, affirming, and legally sound environment for all students.

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Federal: The United States Department of Education’s Office for Civil Rights (OCR) is responsible for enforcing Title IX, which prohibits sex-based discrimination, including gender identity and sexual orientation (depending on current interpretations). The OCR conducts investigations, compliance reviews, and assists in ensuring the enforcement of these laws (McMurtrie Bonnette, 2012). Federal protections for LGBTQ+ students can shift depending on the current political leadership. For example, executive orders have recently attempted to narrow the definition of “sex,” limiting protections for transgender and nonbinary students. However, no president can rewrite federal law, including the civil rights law, or bypass the Supreme Court simply by issuing an Executive Order (Paige, 2025). Ongoing lawsuits challenge these interpretations, often creating confusion for counselors and educators seeking clarity.

State: The Texas Education Agency (TEA) upholds state education laws, which include laws related to LGBTQ+ students in public schools. Although Title IX is a federal mandate, enforcement can vary at the state level. For instance, the U.S. Department of Education (USDE) published Title IX regulations that were meant to take effect on August 1, 2024, but on April 29th, Governor Abbott issued a letter indicating that the State of Texas would not comply with the USDE’s effort to rewrite Title IX (Texas Education Agency, 2024). Additionally, Attorney General Paxton filed a lawsuit in federal district court, seeking to postpone, hold unlawful, and set aside the new regulations. TEA released a statement stating that while the underlying legality of the federal regulation remained in question, they would not take steps to implement the new federal regulations, and the agency would comply with the version of the regulations that have been in effect since 2020. On August 5, 2024, Judge Reed O’Connor ruled that the Biden administration’s interpretation of Title IX to include protections for LGBTQ+ students was unlawful in Texas and that Texas schools are not required to comply with the revised federal rules and are instructed to continue following the 2020 version of Title IX (Guo, 2024). This situation illustrates the tension between state and federal governing bodies and the challenges educators and other school personnel face when navigating conflicting guidance.

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Federal Law 1

Source of Law: Federal Law - United States Constitution, Amendment XIV, Section 1

In-Text Citation: U.S. Const. amend. XIV, § 1.

Link: U.S. Constitution - Fourteenth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

Legal Requirements:

The “Equal Protection Clause” is part of the first section of the Fourteenth Amendment to the U.S. Constitution. It states that no state shall deny to any person within its jurisdiction the equal protection of the laws.

Was used in the case Obergefell v. Hodges to affirm LGBTQ+ rights and legalize same-sex marriage across the US.

Prohibits schools from treating students differently based on their sexual orientation or gender identity (Paige, 2025).

Federal Law 2

Source of Law: Federal Law - United States Constitution, Amendment I.

In-Text Citation: U.S. Const. amend. I.

Link: U.S. Constitution - First Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

Legal Requirements:

Guarantees freedoms concerning religion, expression, assembly, and the right to petition.

LGBTQ+ students have the right to express their views and identities under the First Amendment.

State Law

Source of Law: State Law - Texas Constitution, Article 1, Section 3

In-Text: TX Const. art. I, § 3.

Link: THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTS

Legal Requirements:

Equal Rights Provision - Declares that all Texans are equal under the law.

Supports the Fourteenth Amendment.

Can be used to affirm LGBTQ+ students in public schools in Texas.

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Statute

Source of Law: Federal Statute

In-Text Citation: 20 U.S.C § 1681 (2018)

Link: Title IX and Sex Discrimination | U.S. Department of Education

Legal Requirements:

Title IX of the Education Amendments of 1972 states: “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.” This law aims to ensure that all individuals have equal access to educational opportunities, regardless of their sex (US Department of Education, 2024).

Updated regulations from 2024 clarify that discrimination on the basis of sexual orientation and gender identity is prohibited under Title IX, although 20 states have attempted to block the updates, spanning across seven lawsuits (Schreiner, 2024).

Administrative Law

Source of Law: State Administrative Law

In-Text Citation: (California Department of Education, 2025)

Link: Protections for LGBTQ+ Students: AB 1955 - Professional Learning (CA Dept of Education)

Legal Requirements:

“AB 1955 has three major substantive provisions: (1) non-retaliation, (2) ban on what is known as “forced outing,” (i.e. requiring an employee or a contractor to disclose any information related to a pupil’s sexual orientation, gender identity, or gender expression to any other person without the pupil’s consent, unless otherwise required by state or federal law), and (3) invalidation of “forced outing” policies.”

Guarantees that pupils have a constitutional right to privacy when it comes to sensitive information about themselves.

Directs the California Department of Education to develop resources for families of LGBTQ+ students to foster acceptance and support.

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Common/Case Law 1

Source of Law: Case Law (United States Supreme Court)

In-Text Citation: (Tinker v. Des Moines, 1969)

Link: U.S. Reports: Tinker v. Des Moines School Dist., 393 U.S. 503 (1969). | Library of Congress

Legal Requirements:

Supreme Court case that affirmed the First Amendment rights of students in public schools.

The case arose when students wore black armbands to protest the Vietnam War and were suspended by school officials.

The Supreme Court ruled that public school officials cannot censor student expression unless it disrupts school activities or infringes on the rights of others.

Supports student rights in expressing identity, including LGBTQ+ advocacy.

Common/Case Law 2

Source of Law: Case Law

In-Text Citation: (Colín v. Orange Unified Sch. District, 2000)

Link: Colín v. Orange Unified School District (2000)

Legal Requirements:

Legal case that addressed the rights of high school students in California to form a gay-straight alliance (GSA).

The Orange Unified School District Board denied the students' application to form the GSA, stating that they must first change their name and agree to limitations on their speech.

After a preliminary injunction was granted, the school was ordered to allow the GSA to meet on campus because it was against their rights under the Equal Access Act and the Fourteenth Amendment to deny the alliance. This was a significant victory for LGBTQ+ students' rights in education.

Common/Case Law 3

Source of Law: Case Law

In-Text Citation: (Henkle v. Gregory, 2001)

Link: Henkle v. Gregory 3:00-cv-00050 (D. Nev.) | Civil Rights Litigation Clearinghouse

Legal Requirements:

Henkle v. Gregory is a landmark case that addressed harassment and discrimination against LGBTQ+ students in schools.

Derek Henkle was subject to intense harassment and bullying by his peers after “coming out” in the ninth grade. School administrators either made him transfer schools or told him to go back in the closet, essentially.

School district was required to implement new policies aimed at protecting LGBTQ+ students from harassment and discrimination. Policies included training for staff on handling harassment and ensuring that students could express their sexual orientation without fear of retaliation.

Set a precedent for recognizing the constitutional rights of LGBTQ+ students to be open about their sexual orientation in schools and to be protected from discrimination.

Case remains a significant reference point in discussions about student rights and protections against harassment in educational settings.

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Source of Law: Federal Regulation

In-Text Citation: 34 C.F.R. § 106.31

Link: eCFR :: 34 CFR 106.31 -- Education programs or activities.

Legal Requirements:

No person may face discrimination based on sex.

No person should be limited in the enjoyment of rights, privileges, advantages, or opportunities.

Individuals can not be denied aid, benefits, or services based on sex.

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Source of Law: Local School Board Policy

In-Text Citation: (Keller ISD, 2024)

Link: Policy Code FNCA – Student Conduct: Dress Code – Keller ISD Board Policy Manual - Policy Online

Legal Requirements:

States that “Students are not required to dress in a gender-neutral manner. However, any dress or grooming code shall provide the same set of rules and standards regardless of gender.”

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Anti-Bullying Policies - All students, including those who identify as LGBTQ+, should know they are safe at school and that bullying is not tolerated/there will be consequences for bullying. Clear policies related to bullying can help prevent/minimize the negative treatment many LGBTQ+ students receive from their peers.

Mental Health and Wellness Supports - According to the Centers for Disease Control (CDC), compared to their cisgender and heterosexual peers, LGBTQ+ students are more likely to have been bullied at school, use illicit drugs, seriously consider suicide, and experience depression symptoms (2024). LGBTQ+ students should be considered a vulnerable population while at school. They need adequate mental health resources to thrive at school, including individual and group counseling, a safe space, and access to appropriate resources.

Staff Training - This is crucial in schools as it helps create a safe and inclusive environment for all students. It is also important for staff to be up-to-date on policies involving LGBTQ+ students. For example, some states require staff to inform parents if their child would like to use a different pronoun/name (Burga, 2023). Staff members need to know the laws and policies they are expected to follow in their specific state/district/school.

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Ethical Code: American School Counselor Association (ASCA) Ethical Standards for School Counselors - A. 10. Marginalized Populations.

In-Text Citation: (American School Counselor Association, 2022)

Link: ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA)

Connection to Topic: Marginalization, sometimes referred to as social exclusion, occurs when certain groups are denied access to various aspects of society. This often stems from factors such as ethnicity, gender, sexual orientation, disability status, socioeconomic level, and age (Masterclass, 2020). This section of the code of ethics emphasizes the importance of protecting marginalized groups, including LGBTQ+ students, and outlines how school counselors can provide meaningful support to students in these populations. It explores strategies for creating a safe, equitable, and affirming school environment where respect, inclusion, and acceptance are practiced by all members of the school community. Overall, it expresses the role of school counselors in advocating for and safeguarding marginalized students within the school setting.

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Throughout this assignment, I have gained a better understanding of how legal and ethical standards apply in education, specifically in the context of LGBTQ+ student advocacy. I have been able to gain a deeper understanding of Title IX, case studies that involve LGBTQ+ students, and local polices that will affect me as a school counselor. This assignment has helped me learn the best ways to support and advocate for LGBTQ+ students in public schools.

The learning I have done throughout this assignment has made me feel motivated and empowered to support LGBTQ+ students at my school. These connections remind me of the real purpose of my job, which is to support students during their educational journey, whether that is emotionally, socially, or academically. In order to achieve this purpose, I need to ensure I am legally informed and ethically driven.

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Stay up-to-date on federal protections for LGBTQ+ students in order to stay in compliance with laws and regulations such as Title IX.

Students must be treated equally, no matter their sexual orientation or gender identity, per the Fourteenth Amendment.

LGBTQ+ students have the right to express their views and identities under the First Amendment. This may include their clothing, hair, or other aspects of their appearance (unless it disrupts the learning environment or infringes on the rights of others).

School districts should implement policies aimed at protecting LGBTQ+ students from harassment and discrimination. This may include staff sensitivity training.

Ensure LGBTQ+ students have access to mental health and wellness resources, including individual and group counseling.

LGBTQ+ students have the right to privacy and confidentiality, unless otherwise required by law.

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American School Counselor Association. (2022). ASCA Ethical Standards for School Counselors. ASCA Ethical Standards for School Counselors; American School Counselor Association. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

Burga, S. (2023, September 20). School Boards Are Requiring Staff to Out Trans Kids. Time. https://time.com/6316006/school-boards-policies-outing-transgender-students/

CDC. (2024, December 6). Health Disparities Among LGBTQ Youth. Adolescent and School Health. https://www.cdc.gov/healthy-youth/lgbtq-youth/health-disparities-among-lgbtq-youth.html

Guo, K. (2024, August 14). Federal judge expands ruling to limit LGBTQ protections. The Texas Tribune; The Texas Tribune. https://www.texastribune.org/2024/08/14/federal-title-ix-ruling-lgbtq-protections/

Masterclass. (2020). What Is Marginalization? Types, Causes, and Effects - 2024 - MasterClass. MasterClass. https://www.masterclass.com/articles/marginalization-explained

McMurtrie Bonnette, V. (2012). How Title IX is Enforced. Title IX Specialists. https://titleixspecialists.com/wp-content/uploads/2013/09/How-Title-IX-is-Enforced.pdf

Paige, M. (2025, June 25). Protecting the Legal Rights of LGBTQ Students in Schools. NAESP. https://www.naesp.org/resource/protecting-the-legal-rights-of-lgbtq-students-in-schools/

Schreiner, B. (2024, June 17). Biden’s Title IX law expanding protections for LGBTQ+ students is dealt another setback. AP. https://apnews.com/article/title-ix-education-department-9f7b89ec50657436e0e8110799b576d4

Texas Education Agency. (2024, June 13). Title IX Regulations | Texas Education Agency. Texas.gov. https://tea.texas.gov/about-tea/news-and-multimedia/correspondence/taa-letters/title-ix-regulations

U.S. Department of Education. (2024, October 9). Title IX and Sex Discrimination. U.S. Department of Education. https://www.ed.gov/laws-and-policy/civil-rights-laws/title-ix-and-sex-discrimination