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 Massachusetts, public schools are legally obligated to provide a safe and supportive environment for LGBTQ youth, free from harassment and discrimination. This obligation is rooted in both federal and state laws. The 14th Amendment's Equal Protection Clause of the U.S. Constitution mandates that all students, regardless of their sexual orientation or gender identity, must be treated equally under the law. Additionally, Title IX prohibits sex-based discrimination in any education program or activity receiving federal financial assistance, which has been interpreted to include discrimination based on gender identity and sexual orientation. Massachusetts state law further reinforces these protections. The Massachusetts Anti-Bullying Law requires schools to develop plans to prevent bullying, which includes bullying based on sexual orientation and gender identity. The state also has specific guidelines for schools to support transgender students, ensuring their right to access gender-segregated facilities according to their gender identity and protecting them from discrimination. Schools failing to address harassment against LGBTQ students may be in violation of these laws and subject to legal consequences.