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 York, LGBTQ youth are protected under both federal and state laws that mandate a safe and non-discriminatory environment in public schools. The 14th Amendment’s Equal Protection Clause of the U.S. Constitution ensures that all students, regardless of their sexual orientation or gender identity, are 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. New York State has also enacted the Dignity for All Students Act (DASA), which specifically prohibits harassment and discrimination in public schools on the basis of actual or perceived gender, sexual orientation, and gender identity or expression, among other characteristics. Schools are required to take immediate and appropriate action to investigate or otherwise determine what occurred when they know or reasonably should have known of possible harassment. They must also ensure that LGBTQ students have equal access to educational programs and activities.