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 Rhode Island, LGBTQ youth are protected under both federal and state laws against 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 sex-based discrimination in any school or any other education program that receives federal funding, which has been interpreted to include discrimination based on gender identity and sexual orientation. Rhode Island state law also supports the rights of LGBTQ students in public schools. The state's Safe Schools Act (R.I. Gen. Laws § 16-21-24) requires schools to have policies in place to prevent bullying and harassment, including that based on sexual orientation and gender identity or expression. Furthermore, the Rhode Island Department of Education has issued guidance to schools on how to create a safe and supportive environment for all students, including those who are LGBTQ.