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.
                - 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.   			 
Unofficial version of the NPRM submitted to the         Federal Register on April 6, 2023  
PDF
 (1.8M)
Fact Sheet  
PDF
 (209K)
The 
NPRM
 was published in the Federal Register on April         13, 2023  
PDF
 (406K)
Review public  comments at 
https://www.regulations.gov/document/ED-2022-OCR-0143-0001

- 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.
- Read the Press Release
- Unofficial version of the NPRM submitted to the Federal Register on June 23, 2022     PDF  (2.7M)
- Fact Sheet     PDF  (185K)
- Summary of Major Provisions of the Department of Education’s Title IX Notice of Proposed Rulemaking     PDF  (273K)
- The  NPRM  was published in the Federal Register on July 12, 2022    PDF  (1.6M)
- Review public comments at   https://www.regulations.gov/document/ED-2021-OCR-0166-0001 

- 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.
Pursuant to a 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. 3:21-cv-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.
Pursuant to a Federal court order, the Departments have 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. 3:21-cv-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. 
Pursuant to a 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. 3:21-cv-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**
- A       Proclamation on Lesbian, Gay, Bisexual, Transgender, Queer, And Intersex       Pride Month, 2023  (June 2023) 
- Executive Order       14075 on Advancing Equality for Lesbian, Gay, Bisexual, Transgender,       Queer, and Intersex Individuals  (June 2022)
- A Proclamation on       Lesbian, Gay, Bisexual, Transgender, Queer, And Intersex Pride Month, 2022  (May 2022)
- FACT       SHEET: Biden-Harris Administration Advances Equality for Transgender       Americans  (June 30, 2021)
- White       House Toolkit on Transgender Equality  (June 30, 2021)
- Executive Order 13988 on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation  (Jan. 21, 2021)
- Executive Order 14021 on Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity  (Mar. 11, 2021)
- Memorandum on Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World  (Feb. 4, 2021)
- FACT SHEET: The Biden-Harris Administration Is Advancing LGBTQI+ Human Rights at Home and Across the Globe  (May 17, 2021)

**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:
- Department of Justice:  Memorandum on Interpretation of Bostock v. Clayton County regarding the nondiscrimination provisions of the Safe Streets Act, the Juvenile Justice and Delinquency Prevention Act, the Victims of Crime Act, and the Violence Against Women Act  (Mar. 10, 2022)
- Department of Labor:  Notice of Interpretation re Section 188 of the Workforce Innovation and Opportunity Act  (Apr. 7. 2022)
- Department of Agriculture:  Application of Bostock v. Clayton County to Program Discrimination Complaint Processing – Policy Update  (May 5, 2022)
- Department of Housing and Urban Development:  Memorandum on Implementation of Executive Order 13988 on the Enforcement of the Fair Housing Act  (Feb. 11, 2021)
- Department of Justice:  Memorandum on Application of Bostock v. Clayton County to Title IX  (Mar. 26, 2021)

Other federal agencies also have webpages with information and resources to support LGBTQI+ individuals:
- Youth.gov
- Department of Justice
- Department of Health and Human Services
- Department of Housing and Urban Development
- Centers for Disease Control and Prevention
- Equal Employment Opportunity Commission
- Department of Labor 

**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:
- Hecox v. Little,  2023 WL 5283127 (9th Cir. 2023)Grabowski v. Arizona Board of Regents, 69 F.4th 1110 (9th Cir. 2023)Kluge       v. Brownsburg Community School Corp
.
, 64 F.4th 861       (7th Cir. 2023) 
Adams       v. School Board of St. Johns County
, 57 F.4th 791 (11th Cir. 2022)
*Grimm v. Gloucester County School Board*
, 972 F.3d 586 (4th Cir. 2020)
*Parents for Privacy v. Barr*
, 949 F.3d 1210 (9th Cir. 2020)
*Doe v. Boyertown Area School District*
, 897 F.3d 518 (3d Cir. 2018)
*Whitaker v. Kenosha Unified School District*
, 858 F.3d 1034 (7th Cir. 2017)
*Dodds v. U.S. Department of Education*
, 845 F.3d 217 (6th Cir. 2016) 

**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.

  Last Modified: 08/22/2023