This guide was written by Abby Shuler and Craig White of the Campaign for Southern Equality. Abby Shuler is the Research Associate for the Supportive Schools Program, and Craig White is the Supportive Schools Director.
- View the full guide here.
- Additional information for students can be found here.
- Additional information for staff and faculty can be found here.
Schools should be safe places where every student is treated with respect and receives a quality education. However, as 2022 kicks off, we’re seeing campaigns to ban books with LGBTQ+ topics and characters, protests at school board meetings about LGBTQ+ content in the curriculum, increased harassment of LGBTQ+ students, staff and faculty, and teachers being pressured to take down pride flags and remove affirming messages from their classrooms. Against that backdrop, it is critical that LGBTQ+ students, staff and faculty know their rights under the law and how to stand up for them. It is even more important for administrators and school board members to take steps to avoid discrimination whenever possible, and to address it quickly and effectively when it occurs.
Administrators and School Board Members: Know Your Rights and Responsibilities
- First and foremost, thank you for your commitment to public service. Your leadership roles are challenging in the best of times, and with schools under attack on multiple fronts, these are not the best of times. A free and democratic society depends on people like you who will do the right thing and stand up for the safety and civil rights of all people, even in the face of threats and hostility. Thank you.
- You also have legal protection from discrimination and harassment. Administrators who are employed by the school district have all the rights and protections described in this article. For school board members, who are elected or appointed officials, the situation is more complex; you may wish to speak with the school district’s attorney. Also, keep in mind that any situation in which a school board member is experiencing harassment is likely also affecting students and employees, and action may be taken on their account as well.
- Make sure everyone is up to speed. In the last two years, court decisions and actions of federal agencies have considerably expanded the non-discrimination protections of LGBTQ+ students and staff. Make sure that all administrators, school board members, Title IX coordinators, counselors and social workers, and other key staff are current on Title IX and Title VII interpretations that LGBTQ students and staff are protected from harassment and discrimination.
- Start with prevention. The school and administration should be pro-active and highly assertive in promoting and demanding a school culture and environment that protects all students, staff and faculty from any form of harassment and discrimination. Mission statements, values statements, non-discrimination policies, and statements about the importance of safe schools and inclusive school environments all help you create and maintain a school climate where all members of the school community are safe and respected.
- Increase cultural responsiveness in working with LGBTQ+ individuals. Unfortunately, a very small percentage of educators receive professional training on best practices in working with LGBTQ+ students. This has allowed anti-LGBTQ organizations to run effective disinformation campaigns, spreading fear and stereotypes about transgender and non-binary gender students and staff. Increasing your own understanding and awareness can help you address bias, stereotyping, and political gas-lighting, as well as provide accurate and factual information to parents and community members who have been misinformed.
- All forms of harassment must be taken seriously. Harassment on the basis of sexual orientation and gender identity should be treated the same, and just as seriously, as any other form of sexual harassment. This includes the administration playing a role in shielding the teacher or student from further harassment, protecting the privacy of students and faculty, and the administration requiring harassers to desist and taking whatever steps are legal and necessary in doing so. The school and administration should also be aware that discrimination can include a single serious incident, or a series of incidents that create a ‘hostile learning environment’ or a ‘hostile working environment.’
- Does it matter where harassment is taking place? The school can’t directly control what parents say outside of school grounds or on social media. However, as soon as what happens off of school grounds affects a teacher or a student–either by something being said or done at school, a communication with the teacher or student, or a communication with the school–it enters the realm where a school is required to take action to protect their staff and students from sexual harassment and discrimination. The key concepts, again, are ‘hostile learning environment’ and ‘hostile working environment’–as soon as harassment becomes an issue that affects students’ ability to learn or faculty’s ability to do their jobs, the school has a legal obligation to address the situation.
- What if they cite their religious beliefs as a justification for the mistreatment? Religious or faith-based justifications do not make sexual harassment or discrimination permissible. The religious and political identities of parents, administrators, students, and faculty are irrelevant: All people have federal laws protecting them from sexual harassment and discrimination in the school and in the workplace.
- The school’s educational role is not limited to students. Schools can play an important community leadership role in fighting harmful stereotypes and intentional disinformation. Newsletters, social media posts, community events and information sessions are all opportunities to share accurate information.
- Keep an eye on the big picture. School board members and administrators should be rightfully concerned about legitimate issues and complaints from students, parents and caregivers. However, in every school district that we have seen so far, the “grassroots” voices raising concerns about LGBTQ faculty, students, books, and curricula are in fact connected to a few (if any) local people who are receiving talking points and sharing disinformation from statewide or national anti-LGBTQ organizations.
Important Things to Remember:
- You are safe from retaliation! It is illegal for a school/agency to retaliate against someone who files a civil rights complaint.
- Someone else can file on your behalf. If you do not feel safe submitting a complaint by yourself, have someone help you.
- Time is important. You have 180 days to file a complaint after the last discriminatory incident.
- Never forget your power and your rights! In standing up for yourself, you are also standing up for other people in your school community.
Sources and Resources:
- Lambda Legal’s Know Your Rights guidance – Lambda Legal is a national organization dedicated to upholding the civil rights of the LGBTQ+ community. This page outlines the rights of LGBTQ+ individuals in the workplace, at school, in court, as well as the rights of those living with HIV.
- Know Your IX: Guidance on taking legal action under Title IX – This is another great resource on how students and school staff can file a Title IX complaint. It includes in depth information about filing an OCR complaint and/or a Title IX lawsuit.
- GLSEN’s LGBTQ+ Educator Rights – Here is an excellent list of your rights as a LGBTQ+ educator, as well as a short overview of filing an EEOC complaint. It also includes contact information for advocacy organizations that can help you.
- Resources for LGBTQI Students from the Department of Education – These fact sheets, videos, guidance letters and other resources can be a powerful tool in making your case with teachers and administrators.
- Types of Educational Opportunities Discrimination and Protections – Here is a complete list of civil rights protections for individuals in educational agencies from the Department of Justice.
- Department of Education Office of Civil Rights Protecting Students Overview – This is an overview of the civil rights protections for students, organized by social identity (ie. race, sex, disability, age). For each identity, it includes policy guidance on the laws themselves, frequently asked questions, and a link to file a discrimination complaint.
- Supreme Court’s response to Bostock vs. Clayton County – This landmark case ruled that sexual orientation, gender identity, and gender expression are included in all civil rights protections on the basis of sex.
Disclaimer: This document includes resources and information and it is not legal advice. Moreover, due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no warranty or guarantee. For legal advice, it is advised to consult an attorney.
