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Resources for LGBTQI+ Students

The mission of the U.S. Department of Education's Office for Civil Rights (OCR) is to ensure equal access to education and to promote educational excellence through vigorous enforcement of civil rights in our nation's schools. To serve this mission, OCR enforces civil rights laws to protect all students from unlawful discrimination and harassment based on race, color, national origin, sex, disability, and age. This includes students who are lesbian, gay, bisexual, transgender, queer, questioning, asexual, intersex, nonbinary, or identify their sexual orientation or gender identity in other ways (LGBTQI+).

Bullying, harassment, exclusion from school activities, and other forms of discrimination can interfere with LGBTQI+ students' access to a safe and inclusive school environment. Federal law, however, requires schools to ensure that LGBTQI+ students and other students have equal access to all aspects of a school's programs and activities.

Filing a Complaint with OCR

Students who believe they have faced discrimination at school based on sexual orientation or gender identity or because they do not conform with sex stereotypes or for another reason may file a complaint with OCR. OCR carefully reviews allegations from anyone who files a complaint, including students who identify as male, female or nonbinary; transgender or cisgender; intersex; lesbian, gay, bisexual, queer, heterosexual, or in other ways. When a complaint meets the requirements and standards set out in OCR's Case Processing Manual, OCR will investigate and appropriately resolve the complaint.

Resources from the Department of Education

Below are Department of Education resources that may be of interest to LGBTQI+ students and allies. Additional resources will be added as they are issued.

  • Final Rule Amending the Title IX Regulations (April 2024)

    • The final regulations advance the Title IX's promise of ensuring that no person experiences sex discrimination, including sex-based harassment or sexual violence, in federally funded education. The final regulations restore and strengthen vital protections for students, and provide schools with information to meet their Title IX obligations while offering appropriate discretion and flexibility to account for variations in school size, student populations, and administrative structures. The final regulations also promote accountability by requiring schools to take prompt and effective action when notified of conduct that reasonably may constitute sex discrimination in their education programs or activities. The final regulations also reaffirm the Department's core commitment to fundamental fairness for all parties, the rights of parents and guardians to support their minor children, and respect for complainants' autonomy. 

      The Final Rule is effective on August 1, 2024, and applies to complaints of sex discrimination regarding conduct that occurs on or after that date. 

      As of September 13, 2024, pursuant to Federal court orders, the Department is currently enjoined from enforcing the 2024 Final Rule in the states of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming; the Department is also currently enjoined from enforcing the 2024 Final Rule at the schools on the list located https://ed.gov/sites/ed/files/about/offices/list/ocr/docs/list-of-schools-enjoined-from-2024-t9-rule. Per Court order, this list of schools may be supplemented in the future. The Final Rule and these resources do not currently apply in those states and schools. Pending further court orders, the Department’s Title IX Regulations, as amended in 2020 (2020 Title IX Final Rule) remain in effect in those states and schools.

      • The Federal Register official publication of the Final Rule (April 29, 2024) PDF (4.0M)
        • Unofficial version of the Department's 2024 Title IX Final Rule PDF (4.4M)
        • Read the Press Release
        • Fact Sheet PDF (197K)
        • Brief Overview of Key Provisions of the Department of Education's 2024 Title IX Final Rule PDF (327K)
      • Technical Assistance
        • 2024 Title IX Regulations: Impact on Title IX Coordinator Duties PDF (9.5M)
        • 2024 Title IX Regulations: Nondiscrimination Based on Pregnancy or Related Conditions & Parental, Family, or Marital Status PDF (5.0M)
        • 2024 Title IX Regulations: Pointers for Implementation PDF (197K)
        • 2024 Title IX Regulations: Resource for Drafting Nondiscrimination Policies, Notices of Nondiscrimination, and Grievance Procedures PDF (322K) and Accompanying Video (Length: 00:02:49)
        • 2024 Title IX Regulations: Small Entity Compliance Guide PDF (179K)
    • U.S. Department of Education Toolkit: Creating Inclusive and Nondiscriminatory School Environments for LGBTQI+ Students (June 2023) PDF (3.6M)
      • This toolkit includes information on supporting LGBTQI+ youth and families in schools, student-led groups to support LGBTQI+ students and allies, and other federal resources. Toolkit resources from the Department of Education include:
        • Supporting LGBTQI+ Youth and Families in School PDF (246K)
          • En español (Spanish) PDF (239K)
        • Q&A Resource on Student-Led Groups to Support LGBTQI+ Students and Allies PDF (186K)
          • En español (Spanish) PDF (188K)Proposed Amendments to the Title IX Regulations (April 2023)
    • The U.S. Department of Education released for public comment its proposed amendment to the Department's regulation implementing Title IX of the Education Amendments of 1972. The proposed amendment aims to advance Title IX's longstanding goal of ensuring equal opportunity in athletics and would provide much needed clarity for students, parents, coaches, and schools. The comment period for this notice of proposed rulemaking has closed.

     

    • Proposed Amendments to the Title IX Regulations (June 2022)
      • The U.S. Department of Education released for public comment its proposed amendments to the Department's regulations implementing Title IX of the Education Amendments of 1972. The proposed amendments reflect the Department's continued commitment to ensuring that federally funded education programs and activities are free from all forms of sex discrimination, including discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. The proposed amendments also reflect the Department's continued commitment to secure equal opportunity, combat sexual harassment and sexual violence, and provide clear and fair procedures for students, educators, and others involved in America's education system to address sex discrimination in schools and on campuses. In addition to the Notice of Proposed Rulemaking, the Department has released a fact sheet and a summary of the major provisions of the proposed amendments. This notice was published by the Department of Education, Office for Civil Rights at 87 Fed. Reg. 41390 (July 12, 2022). The comment period for this notice of proposed rulemaking has closed.
    • Fact Sheet on Supporting Intersex Students (October 2021)
      • This fact sheet, provides information about how students, families, and educators can support intersex students, and includes information on what students can do if they experience discrimination at school.
    • Federal Government Back-to-School Address for Transgender Students (Aug. 17, 2021)
      • This video features Department of Justice Assistant Attorney General Kristen Clarke for the Civil Rights Division, Department of Education Acting Assistant Secretary for Civil Rights Suzanne Goldberg, and Department of Health and Human Services Assistant Secretary for Health Dr. Rachel Levine issuing a joint back-to-school message for transgender youth.
    • Supporting Transgender Youth in School (June 2021)
      • This fact sheet highlights ways schools can support transgender students and includes information on what a student can do if they experience discrimination at school.
    • Dear Educator Letter on 49th Anniversary of Title IX (June 23, 2021) 
      • This letter recognizes the 49th anniversary of the passage of Title IX and highlights the law's impact on education and recent developments and resources, including with respect to LGBTQI+ students.
      • A Federal court has “vacate[d]” this document and “enjoined” the Department from “implementing or enforcing” this document against the state of Texas and its respective schools, school boards, and other public, educationally based institutions. See State of Texas v. Cardona, No. 4:23-cv-604 (N.D. Tex.) (June 11, 2024). Pursuant to a different Federal court order, the Department has been preliminarily “enjoined and restrained from implementing” this document against the states of Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, Tennessee, South Carolina, South Dakota, and West Virginia. See State of Tenn., et al. v. U.S. Dep’t of Educ., No. 3:21cv-308 (E.D. Tenn.) (July 15, 2022).
    • Confronting Anti-LGBTQI+ Harassment in Schools (June 23, 2021) 
      • This fact sheet explains that discrimination against students based on their sexual orientation or gender identity is a form of sex discrimination prohibited by federal law, provides examples of the kinds of incidents OCR and the U.S. Department of Justice can investigate, and includes information on what a student can do if they experience discrimination at school.
      • A Federal court has “vacate[d]” this document and “enjoined” the Department from “implementing or enforcing” this document against the state of Texas and its respective schools, school boards, and other public, educationally based institutions. See State of Texas v. Cardona, No. 4:23-cv-604 (N.D. Tex.) (June 11, 2024). Pursuant to a different Federal court order, the Department has been preliminarily “enjoined and restrained from implementing” this document against the states of Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, Tennessee, South Carolina, South Dakota, and West Virginia. See State of Tenn., et al. v. U.S. Dep’t of Educ., No. 3:21cv-308 (E.D. Tenn.) (July 15, 2022).
    • Notice of Interpretation - Enforcement of Title IX with Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County (June 22, 2021)
      • This notice clarifies that Title IX prohibits discrimination based on sexual orientation and gender identity.
      • A Federal court has “vacate[d]” this document and “enjoined” the Department from “implementing or enforcing” this document against the state of Texas and its respective schools, school boards, and other public, educationally based institutions. See State of Texas v. Cardona, No. 4:23-cv-604 (N.D. Tex.) (June 11, 2024). Pursuant to a different Federal court order, the Department has been preliminarily “enjoined and restrained from implementing” this document against the states of Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, Tennessee, South Carolina, South Dakota, and West Virginia. See State of Tenn., et al. v. U.S. Dep’t of Educ., No. 3:21cv-308 (E.D. Tenn.) (July 15, 2022).
    • Title IX Public Hearing (June 7-11, 2021)
      • This hearing invited students, educators, and other members of the public to provide comments, including on steps the Department of Education can take to address discrimination based on sexual orientation or gender identity in educational environments.
    • Education in a Pandemic: The Disparate Impacts of COVID-19 on America's Students (June 9, 2021)
      • This report discusses the disparate impacts COVID-19 has had on students, including some of the challenges LGBTQI+ students have faced both before and during the pandemic.
    • Letter to Students, Educators, and other Stakeholders re Executive Order 14021 (Apr. 6, 2021)
      • This letter describes the actions OCR is taking to review the Department of Education's existing regulations and actions to ensure that students who have experienced discrimination based on sexual orientation or gender identity have their legal rights fully met.


     

    Resources from the White House


     

    Resources from other Federal Agencies

    Federal agencies in addition to the Department of Education have addressed how federal laws prohibiting sex discrimination apply to LGBTQI+ people:

     

    Other federal agencies also have webpages with information and resources to support LGBTQI+ individuals:


     

    Recent Federal Court Decisions on LGBTQI+ Rights

    In 2020, the U.S. Supreme Court decided the landmark case of Bostock v. Clayton County. The case involved gay and transgender employees who had been fired because of their sexual orientation or gender identity. The Court held that this negative treatment of employees because of their sexual orientation or gender identity is discrimination based on sex and is unlawful under Title VII, the federal law that prohibits sex discrimination by employers.

    The Supreme Court has not ruled on how Title IX applies to LGBTQI+ students, but many federal appellate courts have addressed the rights of LGBTQI+ students:


    Recent Court Filings

    • Roe, et. al. v. Critchfield, et. al.  —  Statement of Interest (D. Idaho 2023)
      • In this case, transgender students attending K-12 public schools in Idaho challenged an Idaho state law that prohibits transgender students from using public school facilities, including restrooms and changing facilities, consistent with their gender identity. The U.S. Department of Justice filed a brief advising the court that the plaintiffs are likely to succeed on the merits of their Title IX and Equal Protection Clause claims.
    • B.P.J. v. West Virginia State Board of Education, et al.  —  Amicus Brief (4th Cir. 2023)
      • In this case, the plaintiff, an 11-year-old girl who is transgender, challenged a state law that prohibits girls who are transgender from participating on female athletic teams. The U.S. Department of Justice filed an Amicus Brief in the case advising the court that Title IX and the Equal Protection Clause prohibit discrimination against students because of their sex, including because a student is transgender.
    • Adams v. School Board of St. John’s County — Amicus Brief (11th Cir. November 26, 2021)
      • In this case, a transgender boy challenging his school’s refusal to permit him to use the boys’ restrooms. The U.S. Department of Justice filed a brief advising the court that the school board’s policy violated Title IX and the Equal Protection Clause.
    • Kluge v. Brownsburg Community School Corp. — Amicus Brief (7th Cir. November 8, 2021)
      • In this case, a teacher challenged a school district’s refusal to permit him to refer to students using only their last names in order to avoid treating transgender students consistent with their gender identity. The U.S. Department of Justice filed a brief advising the court that the teacher’s proposed accommodation could cause undue hardship to the school because of harm to students harm and increased risk of Title IX liability.
Office for Civil Rights (OCR)
Page Last Reviewed:
September 24, 2024

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