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 Nevada, as in other states, LGBTQ youth are protected under both federal and state laws from discrimination and harassment in public schools. 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 of the Education Amendments of 1972 prohibits discrimination based on sex, which has been interpreted by some courts and federal agencies to include discrimination based on gender identity and sexual orientation, in any education program or activity receiving federal financial assistance. Nevada state law also supports the rights of LGBTQ students. For instance, Nevada Revised Statutes (NRS) 388.122 to 388.1345, known as the Safe and Respectful Learning Environment statutes, require schools to provide a safe and respectful learning environment for all students and prohibit bullying and cyberbullying on the basis of identity, including sexual orientation and gender identity or expression. Schools are required to take immediate and appropriate action to stop any form of harassment and ensure equal access to educational programs and activities for LGBTQ students.