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 New Jersey, public schools are legally obligated to provide a safe and supportive environment for all students, including those who identify as LGBTQ. The state's anti-bullying laws, specifically the Anti-Bullying Bill of Rights Act, require schools to prevent and address bullying and harassment, which encompasses behavior targeting students based on sexual orientation and gender identity or expression. Additionally, federal laws such as the Equal Protection Clause of the 14th Amendment to the U.S. Constitution and Title IX of the Education Amendments of 1972 protect LGBTQ students from discrimination in educational settings. These laws mandate that public schools must address harassment against LGBTQ students and ensure they have equal access to all school activities and programs. New Jersey schools have a duty to intervene in instances of verbal, physical harassment, or assault and to foster an inclusive environment for LGBTQ youth.