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 Georgia, as in all states, LGBTQ youth are entitled to a safe and supportive school environment. Federal laws, including the Equal Protection Clause of the 14th Amendment to the U.S. Constitution and Title IX of the Education Amendments of 1972, mandate that public schools address harassment against LGBTQ students and ensure they have equal access to all school activities and programs. Title IX prohibits discrimination on the basis of sex, which has been interpreted by some courts and the U.S. Department of Education to include discrimination based on gender identity and sexual orientation. While Georgia does not have specific state statutes that address LGBTQ discrimination in schools beyond these federal protections, schools are legally required to intervene in cases of harassment and provide a non-discriminatory educational environment for all students, regardless of their LGBTQ status.