YOUTH AND SCHOOLS

Public policy related to safety in the schools for GLBT youth include state and local anti-harassment and non-discrimination policies and implementation as well as the federal laws that apply to youth.

In a report released in October 2004 by the National School Boards Association, it is noted that:

  • Like all other individuals, gay, lesbian, bisexual, and transgender (GLBT) students are guaranteed equal protection under the Fourteenth Amendment to the Constitution and free speech and association under the First Amendment.

  • Like other student clubs, GLBT-related student groups, often called GSA’s, are guaranteed equal treatment and access under the Equal Access Act (1984).

  • Additionally, some courts have held that Title IX offers protections to GLBT students in certain circumstances; Title IX of the Education Amendments of 1972 prohibits gender-based discrimination in educational programs that receive federal funding. Although Title IX does not protect against discrimination on the basis of sexual orientation generally, GLBT students may be able to sue under Title IX for a school district’s failure to protect them from harassment.

The Gay, Lesbian and Straight Education Network has released a “State of the States 2004” report that analyses statewide public policy issues relevant to GLBT youth.

In response to the magnitude of the problem, 8 states and DC have enacted statutes, regulations, and professional standards prohibiting discrimination on the basis of sexual orientation and/or gender identity, e.g. The California Student Safety and Violence Prevention Act (AB537).

(CA, CT, DC, MA, MN, NJ, VT, WA, and WI) Legislation has been introduced in 7 other states: AZ, FL, LA, MD, MT, SC, and TX.

For example:

  • California’s Education Code section 220 reads in part that “no person shall be subjected to discrimination on any basis that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code in any program or activity conducted by an educational institution.” Section 422.6 includes gender and sexual orientation.

  • Conn. Gen. Stat. Ann. § 10-15c states in part that “each child. . .shall have. . .an equal opportunity to participate in the activities, programs and courses of study offered in such public schools. . .without discrimination on account of . . .sexual orientation . . .”

  • Minn. Stat. Ann. § 363A.13 states, “It is an unfair discriminatory practice to discriminate in any manner in the full utilization of or benefit from any educational institution, . . .because of . . .sexual orientation...”

For Model Anti-Harassment Policies, consult: