Some lesbian, gay, bisexual, transgender, and queer (LGBTQ) youth experience supportive, welcoming school environments where they are physically and emotionally safe and their LGBTQ identity is respected. But others may experience unwelcoming, unsafe, and unsupportive conditions in schools.

Research has found that LGBTQ youth are more likely to experience stress and fear in school than are non-LGBT youth. This experience is associated with verbal harassment (e.g., being subject to name calling), physical harassment (e.g., being pushed or shoved), and physical assault (e.g., being punched or kicked) because of their sexual identity and gender identity or expression.

Public schools are required by law to address harassment against LGBTQ students just as they are required to address harassment against other students. Public schools are required to ensure that LGBTQ students have equal access to all school activities and programs.

The United States Constitution (the 14th Amendment’s Equal Protection Clause) and Title IX (Title 9) (a federal statute located at 20 U.S.C. §1681) are two of the laws that provide these protections against LGBTQ discrimination in public schools.

In Arkansas, as in all states, LGBTQ youth are protected under federal laws such as the 14th Amendment’s Equal Protection Clause and Title IX, which prohibit discrimination on the basis of sex in educational programs or activities receiving federal financial assistance. These protections extend to harassment and discrimination based on sexual orientation and gender identity. Public schools in Arkansas are required to address harassment against LGBTQ students and ensure they have equal access to all school activities and programs. While Arkansas does not have a statewide law that specifically addresses bullying on the basis of sexual orientation and gender identity, the Arkansas Anti-Bullying Law does require school districts to adopt policies to prevent bullying, which can include protections for LGBTQ students. Additionally, individual school districts may have their own policies that provide further protections for LGBTQ students. It is important for students and parents to be aware of both federal protections and local school district policies to understand the full scope of rights and resources available to LGBTQ youth in Arkansas schools.