Legal Guide- LGBTQ Student Rights by Blanca Valadez https://padlet.com/bvaladez12/byztxg86v9v66w27 en-us 2023-07-22 20:09:53 UTC 2023-07-24 02:30:03 UTC hello@padlet.com Slide #1 Professional Perspective bvaladez12 https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586167 LGBTQ refers to individuals who identify as lesbian, gay, bisexual, transgender, or questioning. As an individual currently employed in a public school in a high school librarian position and a future high school counselor, it has come to my attention that LGBTQ student presence is becoming more common. All those involved in the education field must thoroughly understand LGBTQ students' legal rights to be able to intervene on their behalf when necessary and advocate for them. 

 This resource is intended for professional school counselors as a legal guide for LGBTQ students' rights. 

LGBTQ individuals are considered part of the sexual and gender minority (Byrd, 2012). Students within the sexual and gender minority (SGM) are more likely than heterosexual or cisgender students to experience homophobic/transphobic discrimination and bullying (Colvin et al., 2019). As a mother of a gay child, I want to ensure that LGBTQ students are treated with the same dignity and respect as their peers. ]]> 2023-07-22 20:30:10 UTC https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586167 Slide #2 Summary of Topic bvaladez12 https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586191 "Creating a safe and inclusive school climate for all students, including lesbian, gay, bisexual, transgender, and queer (LGBTQ) students, is an ethical and professional responsibility of school counselors" (Beck & Wikoff, 2020, p. 1). As the number of students who identify as LGBTQ increases, professional school counselors must become well-versed and understand the laws protecting these students to support and advocate for the LGBTQ population effectively. LGBTQ students face issues that their classmates may not. The school counselor is in a position to create a positive impact on the student's mental well-being, as they are the first person whom a student seeks out for help, yet too often, students are met with professionals who are unprepared to deal with the LGBTQ's unique circumstances (Beck & Wikoff, 2020; Byrd, 2012; Simmons, 2021; Simmons et al., 2018).      

An emerging issue LGBTQ youth are facing is "disparities in bullying victimization [that] are associated with higher rates of physical injury, psychological distress, and even suicide" (Reisner et al., 2020, p. 408). As a result, LGBTQ students are at greater risk for suicide by as much as four times more than their heterosexual or cisgender classmates (Wyman Battalen et al., 2021). 

A second issue emerging for LGBTQ students is transgender students' bathroom/locker room use and room assignment for out-of-town field trips. Although the federal government has protections for the LGBTQ population, this issue is beginning to receive retaliation in certain areas.

]]> 2023-07-22 20:30:26 UTC https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586191 Slide #3 Professional Associations bvaladez12 https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586261 LGBTQ+ Legal Rights in Education, linked above, is a webinar created by the American School Counselor Association. The webinar provides the viewer with definitions of LGBTQ-related terms and an outline of federal laws protecting LGBTQ rights. The material primarily covers transgender student rights and allows the viewer to hear from the point of view of several LGBTQ individuals.  

American School Counselor Association (2022, June 1). LGBTQ+ legal rights in education.https://videos.schoolcounselor.org/lgbtq-legal-rights-in-education/
 ]]> 2023-07-22 20:31:09 UTC https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586261 Slide #4 News Article bvaladez12 https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586296 This article posted on Education Dive's K-12 Dive (2022) discusses the disagreement between several Republican senators and the U.S. Secretary of Education over Title IX protections for LGBTQ students. In a letter signed by six senators, they state the following about the U.S. Secretary of Education's interpretation of Title IX:

  • Protection for women and girls is being undermined
  • Title IX is being weaponized for "radical gender ideology"
The senators ask that the U.S. Secretary of Education answers ten questions related to Title IX protections for LGBTQ students and whether any of the following constitutes a Titel IX violation:

  • Limiting gender identity discussions with young children.
  • Using incorrect student pronouns.
  • Prohibiting facilities use for transgender students.
  • Informing parents about their child's gender identity. 
 
Modan, N. (2022, August 1). GOP: Title IX LGBTQ protections make schools 'unsafe and unfair.' K-12 Dive. https://www.k12dive.com/news/gop-title-ix-lgbtq-protections-make-schools-unsafe-and-unfair/628602/  

]]> 2023-07-22 20:31:28 UTC https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586296 Slide #5 News Article bvaladez12 https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586313 The article published in K-12 Dive (2022) discusses the investigation by the Office of Civil Rights into the discrimination of a student by a teacher at Shelby County Schools because of the student's sexual orientation. The case was filed by the student's mother who stated that her daughter was denied placement in a school program because of "homophobic bigotry" (Modan, 2022).

Modan, N. (2022, August 9). Alabama district among first probed under LGBTQ Title IX guidance. K-12 Dive. https://www.k12dive.com/news/alabama-district-among-first-probed-under-lgbtq-title-ix-guidance/629190/

]]> 2023-07-22 20:31:39 UTC https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586313 Slide #6 Statutory Law bvaladez12 https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586381
The Equal Access Act protects LGBTQ student rights by ensuring they are afforded the same access and opportunities that other non-LGBTQ students are provided. The act makes it unlawful for any federally funded school to deny equal access to participate in noncurricular student meetings or to be discriminated against a student who wishes to participate in said meetings. Student groups must have equal access to a meeting as long as participation is voluntary and student-initiated, there is no school or government sponsorship, present school personnel does not participate, meetings are not held during school hours, and non-school personnel is not present at meetings. 

Equal Access Act, 20 U.S.C §4071-4073 (2010). 
https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter52/subchapter8&edition=prelim
]]> 2023-07-22 20:32:15 UTC https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586381 Slide # 7 Statutory Law bvaladez12 https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586409 Under the Title IX of the Education Amendments of 1972, any school receiving federal financial assistance may not discriminate against any individual on the basis of sex including pregnancy, sexual orientation, or gender identity. Under Title IX no student may be: 
  • treated differently from another
  • receive different benefits
  • denied benefits
  • applied different sets of rules 
  • discriminated against

Education Amendments of 1972, 20 U.S.C. §1681
http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=preliml

]]> 2023-07-22 20:32:30 UTC https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586409 Slide #8 Administrative Law bvaladez12 https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586430 Under the Discipline Management Programs; Sexual Harassment Policies, school districts must implement policies that educate students and prohibit verbal or physical aggression and sexual harassment on school property or vehicles. Sexual harassment extends to students who identify as LGBTQ. 

Discipline Management Programs; Sexual Harassment Policies, Tex. Educ. Code §37.083
https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm#37.083
]]> 2023-07-22 20:32:47 UTC https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586430 Slide #9 Judicial Law bvaladez12 https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586452 Jamie Nabozny was a student at Ashland Public School District in Ashland, Wisconsin. Nabozny filed suit against school district officials and the school district for violations of his Fourteenth Amendment rights when they failed to protect him throughout his middle and high school years from continual harassment and physical abuse due to his sexual orientation. A summary judgment was initially granted in favor of the school officials; however, Nabozny appealed the case to the U. S. Seventh Circuit Court of Appeals. The court reversed a portion of the suit by finding that the district violated Nabozny’s Fourteenth Amendment right to equal protection.  

Nabozny v. Podlesny, 92 F.3d 446 (1996). 
https://casetext.com/case/nabozny-v-podlesny
]]> 2023-07-22 20:33:02 UTC https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586452 Slide #10 School Policy bvaladez12 https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586489 The Edinburg CISD Student Parent Handbook addresses discrimination and harassment on pages 35-37 in the Dating Violence, Discrimination, Harassment & Retaliation section. The policy outlines student expectations for the treatment of others. Specifically, “students are expected to treat peers and district employees with courtesy and respect, avoid offensive behaviors and stop those behaviors as directed” (Edinburg CISD, 2022).

Edinburg CISD. (2022). Secondary Student Parent Handbook: 2022-2023.https://4.files.edl.io/d9b2/10/11/22/215319-80de494d-eb4b-4986-a1a1-c2f01bc69b52.pdf]]> 2023-07-22 20:33:21 UTC https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586489 Slide #11 Ethical Principles bvaladez12 https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586517 The ethical principle most related to my topic is Supporting Student Development A.1.h, which states that school counselors "Respect students' and families' values, beliefs and cultural background, as well as students' sexual orientation, gender identity, and gender expression, and exercise great care to avoid imposing personal biases, beliefs or values rooted in one's religion, culture or ethnicity" (ASCA, 1984). A counselor may encounter a dilemma due to a personal belief when advocating for LGBTQ student rights. In this instance, the counselor must put aside personal beliefs and values and remember that the "primary obligation is to the students" (ASCA, 1984). 

American School Counselor Association (1984). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

]]> 2023-07-22 20:33:37 UTC https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586517 Slide #12 Non-Law Source bvaladez12 https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586568 The Gay, Lesbian, and Straight Education Network (GLSEN) offers many resources for educators on the LGBTQ topic. They provide professional development, webinars, workshops, and so much more. In addition to educator resources, they also offer student resources. Below is the direct link to the website.

https://www.glsen.org/

]]> 2023-07-22 20:34:06 UTC https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586568 Slide #13 Recommendations/Best Practices bvaladez12 https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586603 There is a battle currently taking place between our state government and the federal government when it comes to  LGBTQ student rights. It is important to remember that federal laws take precedence over state laws. When faced with LGBTQ issues remember that:

  • LGBTQ students are entitled to equal protection under the 14th Amendment of the U.S. Constitution.  
  • Title IX of the Education Amendments Act of 1972 also protects LGBTQ students.
  • School policies cannot conflict with federal guidelines or offer less protection.
  • State policy cannot prohibit students from using bathroom facilities of the gender they identify with.
  • Refusing to address an individual by the pronoun requested is considered discrimination. 
  • Harassing an individual for their gender identity or sexual orientation is considered sexual harassment. 
  • Counselors must "respect students' and families' values, beliefs and cultural background, as well as students' sexual orientation, gender identity, and gender expression, and exercise great care to avoid imposing personal biases, beliefs or values rooted in one's religion, culture or ethnicity (ASCA, 1984). 


]]> 2023-07-22 20:34:30 UTC https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649586603 References bvaladez12 https://padlet.com/bvaladez12/byztxg86v9v66w27/wish/2649588082 Beck, M.J., Wikoff, H.D. (2020), “Professional development is really key”: Experiences of school counselors engaging in professional development focused on LGBTQ youth. Professional School Counseling, 24(1), 1-11. 
https://doi-org.easydb.angelo.edu/10.1177/2156759X20952062

Byrd, R., & Hays, D.G. (2012). School counselor and lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth. Journal of School Counseling, 10(3). 

Colvin, S., Egan, J., & Coulter, R. W.S. (2019). School climate & sexual and gender minority adolescent mental health. Journal of Youth & Adolescence, 48(10), 1938-1951. https://doi-org.easydb.angelo.edu/10.1007/s10964-019-01108-w

Reisner, S.L., Sava, L.M, Menino, D.D., Perrotti, J., Barnes, T.N., Humphrey, D.L., Nikitin, R.V., & Earnshaw, V.A. (2020). Addressing LGBTQ student bullying in Massachusetts schools: Perspectives of LGNTQ students and school health professionals. Prevention Science, 21(3), 408-421. https://doi-org.easydb.angelo.edu/10.1007/s11121-019-01084-4

Simmons, J.D. (2021). School counselor advocacy for gender minority students. PLoS ONE, 16(3), 1-15. https://doi-org.easydb.angelo.edu/10.1371/journal.pone.0248022.

Simmons, J.D., Beck, M.J., Asplund, R., Chan, C.D., & Byrd, R. (2018). Advocacy for gender minority students: recommendations for school counsellors. Sex Education, 18(4), 464-478. https://doi-org.easydb.angelo.edu/10.1080/14681811.2017.1421531

Wyman Battalen, A., Mereish, E., Putney, J., Sellers, C.M., Gushwa, M., & McManama O’Brien, K.H. (2021). Associations of discrimination, suicide ideation severity and attempts, and depressive symptoms among sexual and gender minority youth. Crisis, 42(4), 301-308. https://doi-org.easydb.angelo.edu/10.1027/0227-5910/a000718
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