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 Illinois, LGBTQ youth are protected under both federal and state laws that mandate a safe and non-discriminatory educational environment. The 14th Amendment’s Equal Protection Clause of the U.S. Constitution ensures that all students, including LGBTQ students, are treated equally under the law. Additionally, Title IX prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government, which has been interpreted to include discrimination based on sexual orientation and gender identity. Illinois state law also reinforces these protections. The Illinois Human Rights Act prohibits discrimination on the basis of sexual orientation and gender identity in schools. Furthermore, the Illinois School Code requires schools to adopt and implement anti-bullying policies that must include protections for students bullied on the basis of sexual orientation and gender identity. These laws collectively require public schools in Illinois to address harassment against LGBTQ students and ensure they have equal access to all school activities and programs.