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 South Dakota, as in all states, LGBTQ youth are entitled to a safe and supportive school environment. 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, a federal statute, prohibits discrimination based on sex in any education program or activity receiving federal financial assistance, which has been interpreted to include discrimination based on gender identity and sexual orientation. This means that public schools in South Dakota are legally required to address harassment against LGBTQ students and ensure they have equal access to all school activities and programs. If a student faces discrimination or harassment, they may seek recourse through school policies, state regulations, and federal law. It is important to note that specific state statutes in South Dakota may also impact the rights and protections of LGBTQ students, and these can vary, so it is advisable to consult with an attorney for the most current and applicable legal guidance.