Why should we support LGBTQ+ YOUTH in schools？

In April 2024, the U.S. Department of Education published a final rule that updates Title IX regulations to clarify legal protections for LGBTQI+ students, survivors of sexual assault, and pregnant and parenting students. These Title IX updates strengthen the legal rights of LGBTQI+ students to challenge discriminatory practices and encourage school districts to adopt more inclusive policies to ensure compliance with federal law.

How do the 2024 updates clarify the rights of LGBTQI+ students?

In the final rule, the U.S. Department of Education includes three major revisions that impact LGBTQI+ students:

1. clarifying that sex-based discrimination prohibited by Title IX is inclusive of discrimination on the basis of sexual orientation, gender identity, and sex characteristics. The inclusion of language about sex characteristics is particularly critical for ensuring that intersex people are protected by Title IX.
2. clarifying that Title IX prohibits sex-based harassment, instead of only sexual harassment. This is particularly critical for ensuring that verbal and physical harassment of LGBTQI+ students is addressed.
3. clarifying that sex-separated programs and activities - including bathrooms, locker rooms, overnight accommodations, and sex education classes - cannot exclude a person from a space consistent with their gender identity.

Why is it important to protect LGBTQI+ youth?

According to research data, 83% of LGBTQI+ youth reported facing harassment, bullying, discrimination, or assault in K-12 school settings. However, 62% of those students who faced such victimization never reported an incident to school staff, largely because they lacked confidence that school staff would have an effective response or feared that school staff would out them to their parents. Even when students do report incidents to staff, the school’s response is not often effective: 60% of complaints were ignored, 16% of victims were told to modify their own behavior, and 7% were disciplined for being the victim of their own harassment.

LGBTQI+ youth are also disproportionately affected by discriminatory school policies and discipline from school staff. 25% of LGBTQI+ students are disciplined for public displays of affection when their straight/cisgender peers are not. Transgender, nonbinary, and gender-expansive youth face challenges with being affirmed in the classroom, with 53% of transgender students being prevented from using their self-identified name and pronouns.

How has the U.S. Department of Education interpreted Title IX to apply to LGBTQI+ students?

In recent years, the U.S. Department of Education has resolved complaints that demonstrate the various ways LGBTQI+ students face discrimination. In 2022, a school district in Pennsylvania revised its dress code after a male student was prohibited from wearing an earring. In spring 2023, a school district in Georgia was investigated for failing to respond to student complaints about removal of books by LGBTQI+ authors, authors of color, and women from the school library, which contributed to a hostile learning environment. In fall 2023, a college in California was found to violate Title IX when employees repeatedly and intentionally referred to a student by the incorrect pronouns and name.

How do these updates apply to school sports and athletics programs?

The updates to Title IX make clear that sex-based discrimination - including discrimination on the basis of gender identity and sex characteristics - is a violation of federal law. Even still, 25 state governments have moved to limit transgender, nonbinary, and intersex student participation in school sports. In 2021, the U.S. Department of Justice filed a statement of interest asserting that categorical bans of transgender students in school sports likely violate Title IX and a federal appeals court ruled in 2024 that West Virginia’s ban violated the Title IX rights of a transgender student. In mid-2023, the U.S. Department of Education started a separate rulemaking to consider updates to Title IX in the context of athletics. Even as the Department considers this further rulemaking, Title IX should be enforced to invalidate discriminatory policies, consistent with the reasoning of the Fourth Circuit’s decision, and ensure all students - including LGBTQI+ students - have equitable access to educational opportunity throughout the entirety of the school experience.