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Legal Implications

Equal Protection Clause of the 14th Amendment:

Title IX:

How does Title IX apply to bullying against LGBTQQ students?

1st Amendment:

What does this mean for LGBTQQ students?

A transgender student has the right to dress in accordance with his/her/hir’s gender identity/ expression. The First Amendment also limits school officials from censoring a student's freedom of speech.

Equal Access Act (EAA)

Letters from the Department of Education

The US Department of Education has issued a series of “Dear Colleague” letters to all public school adminstrators discussing anti-bullying policy as it applies to LGBT students, as well as support for Gay-Straight Alliances. These letters show support from the highest authority and can act as helpful leverage.

Downloadable Letter Forms

1. Know Your Rights! A Quick Guide for LGBT High School Students: http://www.aclu.org/lgbt-rights_hiv-aids/know-your-rights-quick-guide-lgbt-high-school-students

2. Letter to School Officials Regarding Gay Straight Alliances: http://www.aclu.org/lgbt-rights_hiv-aids/letter-school-officials-regarding-gaystraight-alliances

3. Letter to Educators about the Day of Silence: http://www.aclu.org/lgbt-rights_hiv-aids/letter-educators-about-day-silence

4. Letter to School Officials about Addressing Anti-LGBT Bullying: http://www.aclu.org/lgbt-rights/letter-school-officials-about-addressing-anti-lgbt-bullying

5. A Model Anti-Harassment Policy for Schools: http://www.aclu.org/lgbt-rights_hiv-aids/model-policy-schools

see also: http://www.glsen.org/binary-data/GLSEN_ATTACHMENTS/file/000/001/1713-3.pdf

6. Letter Urging Adoption of Safe Schools Policies: http://www.aclu.org/lgbt-rights_hiv-aids/letter-urging-adoption-safe-schools-policies

7. Letter to Principals and School Educators about School Censorship: http://www.aclu.org/free-speech/letter-principals-and-educators-about-school-censorship

8. Prom Resources for LGBT Students: http://www.aclu.org/lgbt-rights_hiv-aids/prom-resources-lgbt-students

9. US Dept. of Education "Dear Colleague" Letter on Gay-Straight Alliance Clubs and the Equal Access Act: http://www2.ed.gov/policy/elsec/guid/secletter/110607.html

10. How to File a Bullying, Harassment, or Discrimination Report with the Office of Civil Rights: http://www.glsen.org/cgi-bin/iowa/all/news/record/2639.html

11. Letter to School Officials Regarding LGBT Student Privacy: http://www.aclu.org/lgbt-rights/letter-school-officials-regarding-lgbt-student-privacy

12. Letter to School Officials Regarding Web Filtering: http://www.aclu.org/lgbt-rights/letter-school-officials-regarding-web-filtering

13. Identity Documents: Transgender Rigths Toolkit: A Legal Guide for Trans People and Their Advocates: http://www.lambdalegal.org/publications/trt_transgender_id

14. Fighting Anti-Trans Violence: Transgender Rights Toolkit: http://www.lambdalegal.org/sites/default/files/publications/downloads/trt_transgender_violence.pdf

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