Tag: school rights

LGBTQ+ and Disability Rights in School

Posted on by Nicol Walsh

A Brief Overview

  • Youth and young adults with disabilities may also have diverse sexualities and gender identities.
  • Students can experience discrimination based on disability, and face discrimination based on sexual orientation, gender identity, and gender expression.
  • LGBTQ+ is an acronym that stands for lesbian, gay, bisexual, transgender, queer (or sometimes questioning), and others. The “plus” represents other gender identities including pansexual, Two-Spirit, non-binary, gender-fluid.
  • LGBTQ identities are NOT disabilities, but students with disabilities may also be LGBTQ+.
  • LGBTQ+ youth with disabilities report high rates of harassment and are more likely to be bullied or harassed than students without disabilities.
  • Race, ethnicity, nationality, disability, sexual orientation, gender identity, and gender expression are all protected classes under Washington law.
  • PAVE’s Parent Training and Information (PTI) staff help families understand and navigate service systems for children 0-26. Click Get Help on the PAVE website or call 800-572-7368.

Full Article

LGBTQ+ is an acronym that stands for lesbian, gay, bisexual, transgender, queer (or sometimes questioning), and others. The “plus” represents other gender identities including pansexual, Two-Spirit, non-binary, gender-fluid.

Youth and young adults with disabilities may also have diverse sexualities and gender identities. LGBTQ+ identities are NOT disabilities, but students with disabilities may also be LGBTQ+. The prevalence of disability among LGBQT+ youth is not clear, but research is emerging. The Human Rights Campaign (HRC) Foundation 2018 LGBTQ+ Youth Report surveyed over 12,000 LGBTQ+ youth aged 13-17 from across the United States. One in seven (15%) LGBTQ+ youth said they had a disability. A 2020 Trevor Project survey found that 5% of LGBTQ+ reported having deafness or a hearing disability, whereas a 2021 Trevor Project survey found that 5% of LGBTQ+ youth were diagnosed with autism.

Discrimination is defined as the unjust or prejudicial treatment of people who may fall into different classes, or categories, such as race, ancestry, age, gender, or disability. Many categories of people are specifically protected by laws because of historical and current discrimination. In the United States, protected classes include age, ancestry, color, disability, ethnicity, gender, gender identity or expression, genetic information, HIV/AIDS status, military status, national origin, pregnancy, race, religion, sex, sexual orientation, and veteran status.

Individuals may have many different “identities,” some of which they may choose, others they are born with, and still others which may occur during their lifetime. For instance, someone may be born female, be a parent, be a teacher, be a military veteran, have a disability, be a lesbian, and be married. Someone else may be born male, identify and express as a female, be descended from Italian immigrants to the United States, be single, and be heterosexual.

When someone has two or more identities, and each identity may be the target of discrimination, that is called “intersectionality.” Intersectionality may increase the chance of a person experiencing discrimination.

According to the HRC Foundation, “more than one-third (36%) of disabled LGBTQ+ students say they have been bullied or harassed in school because of their disability, while three in ten (30%) say they have felt unsafe at school because of their disability.”

Washington specifically protects LGBTQ+ students in public schools from discrimination based on sexual orientation, gender identity, and gender expression. Washington also has laws to protect students from discrimination based on disability. These laws are in addition to federal laws that also protect individuals from discrimination.

From January 31, 2020, all districts in Washington must have a policy and procedures that includes all elements of a model policy for gender inclusive schools and procedures. Gender-inclusive schools help all students by reducing gender stereotypes and result in better outcomes both inside and outside of school[1] for students who are transgender, cisgender, or nonbinary. The model policy is from Washington Association School Board Directors Association (WSSDA).

The Office of the Superintendent of Public Instruction (OSPI), Washington’s state-level education department, has a page for families on gender-inclusive schools and non-discrimination based on gender identity and gender expression in Washington Schools. Topics covered include:

  • Safe & Nondiscriminatory Environment, Free from Harassment
  • Names, Pronouns, and Gender Designations
  • Dress Codes and Gender Expression
  • Sex-segregated Facilities and Activities
  • Confidential Educational and Health Information

A Guide for Educators and Parents/Guardians on Supporting LGBTQ Students with an IEP or 504 Plan was produced by The HRC Foundation, National Association of School Psychologists, National Association of Secondary School Principals, National Center for Lesbian Rights, and the National Education Association. This guide emphasizes that “Ideally, students should be allowed access to needed resources, services, restrooms and locker rooms without such access being written into a Section 504 Plan or IEP, but there are times when including specific provisions about equal access may be necessary to ensure that students are able to access school programs and facilities and benefit from classroom instruction.”

If you are concerned about your child’s rights in school:

  • PAVE has a resource called Bullying at School: Resources and Rights of Students
  • As a first step, OSPI suggests “A discussion with your school principal, or civil rights coordinator at the school district, is often the best first step to address your concerns or disagreements about discrimination and work toward a solution. Share what happened and let the principal or coordinator know what they can do to help resolve the problem.
  • If you cannot resolve the concern or disagreement this way, you can file a complaint”.
  • LGBTQ+ students and their families can also reach out to OSPI’s Equity and Civil Rights Office at 360–725–6162 or equity@k12.wa.us. While program staff are not allowed to provide specific legal advice, they are available to listen to concerns and to provide helpful resources and guidance.
  • LGBTQ+ students and their families can also reach out to the Governor’s Office of the Education Ombuds.
  • The federal government’s Department of Education, Office for Civil Rights has a page, “Resources for LGTBQI+ Students”.
  • The US Department of Education publishes the LGBTQI Education Toolkit which can be helpful for students, parents, teachers, and school administrators to look at when looking at solutions to gender and gender identity discrimination.

Additional Resources:

Resources for LGBTQ+ People Living with Disabilities: