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 Florida, public schools are legally obligated to provide a safe and supportive environment for all students, including those who identify as LGBTQ. The 14th Amendment's Equal Protection Clause of the U.S. Constitution mandates that no state shall deny any person within its jurisdiction the equal protection of the laws, which extends to LGBTQ students in public schools. Additionally, Title IX, a federal statute found at 20 U.S.C. §1681, prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance, which has been interpreted to include discrimination based on sexual orientation and gender identity. This means that public schools in Florida must address harassment against LGBTQ students and ensure they have equal access to all school activities and programs. If a school fails to protect LGBTQ students from harassment or discrimination, it may be in violation of federal law and subject to legal consequences.