Know Your Rights

Every student and educator deserves a safe school environment where learning can occur free from violence and harassment. No matter the discourse of the day, federal law and constitutional guarantees protect LGBTQ+ students and educators from discrimination, and 26 states provide even stronger protections to foster inclusive schools for LGBTQ+ people.

You have rights, and there are multiple avenues to pursue justice and hold school officials accountable.

GLSEN is here to help. After reviewing the resources available on this page, reach out to GLSEN at policy@glsen.org if you have questions about how to assert your rights.

What laws protect LGBTQ+ people in schools from discrimination?

The most inclusive protections for LGBTQ+ people in schools include federal nondiscrimination laws. Title IX prohibits discrimination on the basis of sex in all schools that receive federal funding, providing protections for both students and educators. Title VII provides employment-based protections for educators who are facing discrimination in schools. LGBTQ+ people can also assert rights under the U.S. Constitution, including the Equal Protection Clause and the First Amendment’s free speech clause.

State governments may add to - but cannot fall short of - federal protections. Whereas some states have passed specific state laws recognizing LGBTQ+ protections in schools even beyond what is outlined in federal policy, other states have expanded protections through more broadly applicable public accommodations, human rights, or public services laws. Even if a state has enacted openly hostile policies, LGBTQ+ people can still assert their rights under federal law and the U.S. Constitution.

Will LGBTQ+ people still be protected under Title IX?

Yes. The U.S. Department of Education has recognized protections for LGBTQ+ students under Title IX since 2001, and federal courts have independently validated claims based on sexual orientation and gender identity under Title IX. LGBTQ+ people - including students and educators - are and continue to be protected under Title IX.

In 2024, the Biden administration sought to clarify Title IX’s protections with a regulatory update that specifically named protections based on sexual orientation and gender identity. In January 2025, a single federal court in Kentucky invalidated the Biden administration’s regulatory update. While the courts continue to sort out the legal standing of the Biden-era regulations, the prior regulations issued in 2020 explicitly named that LGBTQ+ students were protected from harassment, and cases have been resolved under the 2020 rule to address a wide range of LGBTQ-specific concerns - including homophobic and transphobic slurs, misgendering, book bans, and gendered dress codes.

LGBTQ+ people’s rights are also not contingent on the regulations alone. LGBTQ+ students have taken their schools to court and won Title IX cases even when there was no strong support in the federal regulations. Transgender students have been able to successfully secure their rights to access bathrooms or sports teams consistent with their gender identity under Title IX in Wisconsin (2017), Virginia (2019), and West Virginia (2024), even when the federal regulations were silent on Title IX’s applicability to those forms of sex-based discrimination.

How can I assert my rights?

There are multiple avenues to assert your legal rights and pursue justice. As different processes operate on different timelines and may serve different purposes, it is often helpful to consult with a LGBTQ+ rights organization or legal helpline before taking any formal action.

  • Local, informal engagement may be the quickest way to address a concern or alert school leadership to ongoing harassment or discrimination. This could involve requesting a meeting with a teacher or principal, asking questions of the school district’s Title IX coordinator, speaking with members of the school board or the district superintendent, or reaching out to a teachers’ union representative for guidance or support.
  • Filing a local, state, or federal civil rights complaint will formally document the discrimination and could result in an investigation of the school district and a resolution process to ensure that the school district is in compliance with civil rights requirements. Formal complaints can also result in school districts reassessing discriminatory policies or behaviors that impact more than one student - meaning that filing a complaint can ultimately improve school climate in the district for all LGBTQ+ students. In addition to the federal Title IX complaint process, 26 states have separate processes that accept complaints related to sexual orientation and/or gender identity. GLSEN has resources about how and where to file complaints at the federal, state, and local levels.
  • Filing a lawsuit in court can challenge the validity of state and local policies or practices, assessing whether they are in accordance with federal civil rights law and constitutional guarantees. Litigation can be an effective strategy when discriminatory state policies are interfering with a school district’s attempts to support LGBTQ+ people.

Where can I reach out to for help in planning next steps?

GLSEN and other organizations are here to help as you determine the appropriate steps to report discrimination in your school district. For questions or to learn more about the options available to you, reach out to policy@glsen.org. For legal advice or assistance, reach out to one of the following legal helplines:

ACLU’s National LGBTQ Project
helplgbtq@aclu.org

Lambda Legal Help Desk
www.lambdalegal.org/helpdesk

National Women’s Law Center Fund’s Legal Network for Gender Equity
www.nwlc.org/legal-assistance

National Center for Lesbian Rights Legal Help Line
800-528-6257
www.nclrights.org/get-help

Reporting discrimination takes time and is not responsive to an emergency scenario or immediate safety, mental health, or crisis concerns. For immediate support, reach out to a crisis hotline, including:

LGBT+ National Hotline
888-843-4564
www.LGBThotline.org

LGBT National Youth Talkline
800-246-7743