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 Virginia, LGBTQ youth are protected under both federal and state laws that mandate a safe and non-discriminatory educational environment. The 14th Amendment’s Equal Protection Clause of the U.S. Constitution ensures that all students, including LGBTQ students, have equal protection under the law. Additionally, Title IX 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. Virginia state law complements these federal protections. For instance, the Virginia Department of Education has guidelines that support the rights of transgender students in public schools, including the use of names and pronouns, dress codes, and access to facilities consistent with a student’s gender identity. Schools are required to address any form of harassment against LGBTQ students and ensure they have equal access to all school activities and programs. Failure to do so can result in legal consequences for the educational institution.