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 Vermont, public schools are legally obligated to provide a safe and supportive environment for LGBTQ youth, free from harassment and discrimination. This obligation is rooted in the Equal Protection Clause of the 14th Amendment to the U.S. Constitution, which mandates equal protection under the law, and Title IX of the Education Amendments of 1972, which prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. Vermont state statutes also reinforce these protections, requiring schools to address harassment and ensure equal access to all students regardless of sexual orientation or gender identity. Vermont's anti-bullying laws, such as the Safe Schools Act, specifically include protections for LGBTQ students and mandate that schools adopt policies to prevent and address bullying and harassment. Additionally, Vermont's Public Accommodations Act prohibits discrimination based on sexual orientation and gender identity in public services and accommodations, which includes schools. As such, any LGBTQ student in Vermont who experiences harassment or discrimination at school has the right to seek recourse under these laws, and schools have a duty to take action to prevent and address such incidents.