Frequently
Asked Questions
Answers to regularly asked questions regarding LGBTQ youth in
education follows. If questions still go unanswered in this area,
consider e-mailing at ak7029@wayne.edu, or contacting local LGBTQ civil
organizations or ACLU chapter.
The most asked question is...
Does
someone choose to be gay or straight?
Many scientists share the view that sexual orientation is shaped for
most people at an early age through complex interactions of biological,
psychological, and social factors. Thus, modern science points to the
notion that choice is not a viable
explanation for one's sexual orientation. Please refer to the American
Psychological Association
for broadened explanation and clarification, including detailed
statements supporting the importance of embracing one's sexual
orientation to promote healthy growth.
The following information
comes from What Schools Need To Know
published by the Michigan chapter of the ACLU.
Do students have a right to form
a LGBTQ student group at school?
Yes. The right of students to organize a LGBTQ student group (club,
organization, activity) is rooted in the 1st Amendment of the U.S.
Constitution's protection of free speech, and reinforced by the Equal
Access Act of 1984.
Do students have the right to express their
points of view on LGBTQ issues?
Yes. A student has the right to express a viewpoint when speaking on an
issue relevant to a discussion. However, expressive conduct that
"materially disrupts classwork or involves substantial disorder or
invasion of the rights of others" is not constitutionally protected.
Do student LGBTQ groups have the right to
post relevant information on a student bulletin board?
Yes. If a bulletin board is open for use by all groups, the school
cannot prohibit its use by any one group, unless such a prohibition is
"necessary to serve a compelling state interest and...is narrowly drawn
to achieve that end."
Do students have the right to access LGBTQ
information that is in the school library?
Yes. The right of students to access LGBTQ information in the school
library is well established and protected.
May parents elect to remove their student
from sex education curricula containing LGBTQ relevant material?
Yes. Such instruction is not required and upon written request of a
student or student's legal guardian, a student shall be excused from
"attending classes in which the subject of sex education is under
discussion" without any penalty issued against the student.
Do students have the right to raise LGBTQ
issues relevant to the classroom discussion?
Yes. If the discussion is relevant to the topic at hand, and initiated
by the student. While a school has broad authority to determine
curriculum, a student's LGBTQ-positive speech in a classroom discussion
may not be treated differently from other viewpoints expressed in a
discussion.
May a LGBTQ student take a same-gender date
to a prom or other school function?
Yes. Courts have concluded that unless the school has a solid belief
that a same-gender couple would cause "severe disruption to the school
environment, the school has to permit everyone to attend with their
chosen date." Under Title IX, just as a school is prohibited from
discriminating on the basis of sex in school, a school is prohibited
from discriminating in any program or activity of the school, including
extra-curricular activities.
Can a school be liable for peer sexual
harassment of LGBTQ students occurring at school?
Yes. A school district can be liable if a student is sexually harassed
under Title IX of the Education Amendments of 1972 when the school
demonstrates deliberate indifference to known acts of harassment in its
programs, and the harassment is so severe, pervasive and offensive that
it bars the student from participating in the student's education
program.
Do school personnel have an obligation to
report the abuse or neglect of a LGBTQ students occurring at home?
Yes. Michigan law mandates the school to report if there is suspicion
that a student may be the subject of abuse or neglect by a parent or
guardian for any reason, including sexual orientation.
Are schools required to have a sexual
harassment policy?
Yes. By January 1, 1995, the board of each school district must adopt
and implement a written sexual harassment policy. At minimum, the
policy must prohibit sexual harasment by district employees, board
members, and pupils directed toward other employess or pupils and shall
specify penalties for violation of the policy.
The following information
comes from Support Services for
Sexual Minority Youth.
Who are transgendered people?
Transgendered people make up approximately 3% of the general population
and have significant feelings of discomfort about their gender. These
feelings begin between the age of three and puberty.
What Schools Need to Know.
(2000). Gay, Lesbian, Bisexual and
Transgender Students and the Law [Brochure]. ACLU.