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 Washington State, LGBTQ youth are legally protected from discrimination and harassment in public schools. The state's anti-discrimination laws, including the Washington Law Against Discrimination (WLAD), ensure that students are not treated differently based on their sexual orientation or gender identity. Additionally, federal laws such as the Equal Protection Clause of the 14th Amendment to the U.S. Constitution and Title IX of the Education Amendments of 1972 provide a legal framework that prohibits discrimination on the basis of sex, which has been interpreted to include discrimination based on gender identity and sexual orientation. Public schools in Washington are required to address any form of harassment against LGBTQ students and to provide them with equal access to all school activities and programs. Failure to do so can result in legal consequences for the educational institution.