Supporting LGBTQ+ Students at School

All students, including LGBTQ+ students, should have the ability to learn and grow at school in a supportive environment. They deserve equal access to the bathrooms and facilities that they feel most comfortable in, freedom from harassment and bullying, the ability to play and compete with their peers, and to see themselves represented in their school’s curriculum. At Gender Justice, we have successfully fought in the courts and in the legislature to protect these rights for trans, gender expansive, and all LGBTQ+ students.

However, with increasing attacks on the rights and dignity of LGBTQ+ students from the Trump administration, and from local politicians and administrators, we know that families and educators have questions about the impacts on their students and what to expect as they head back to school.

Below you will find more information on the rights of students in Minnesota, and where to go if you think your student may be facing illegal discrimination.

Minnesota law entitles ALL students to:

Use the same restrooms, locker rooms, and other facilities as other students. AND use the restrooms, locker rooms, and other facilities that align with their gender identity.

In 2021, a state Court of Appeals ruled that it violates both the Minnesota Constitution and the Minnesota Human Rights Act (“MHRA”) for a school or school district to segregate transgender students from their peers in locker rooms and bathroom facilities, or to keep them from using the facilities that align with their gender identity.

Participate authentically in all school-related activities and participate on teams that align with their gender identity.

The Minnesota State High School League allows all students, regardless of their gender, to participate in sports and play on teams that align with their gender identity.

Be protected from bullying and harassment.

The MHRA, the Minnesota Constitution, and the Safe and Supportive Schools Act protect students from discrimination in schools based on sexual orientation and transgender status. Schools have a legal obligation to ensure they do not have discriminatory policies on their campuses and that they explicitly protect LGBTQ+ students from bullying and harassment. Minnesota schools are also legally responsible for adopting and enforcing policies to prevent bullying and harassment in schools.

What if a school employee refuses to use my/my students’/my child’s pronouns or preferred name?

The Minnesota Department of Education strongly recommends that school faculty and staff should respect students’ names and pronouns.

Schools are responsible for protecting students against bullying and harassment, including based on their gender identity. If you are struggling to get your needs met, the self-advocacy letters and resources below may be helpful.

What about book bans?

In Minnesota public schools and libraries, book bans are prohibited. Schools are not allowed to ban, remove, or otherwise restrict access to a book or other material based solely on its viewpoint or the messages, ideas, or opinions it conveys. Schools are required to have a policy establishing a process for books or materials that are challenged, and all challenges and the outcomes must be reported to the Minnesota Department of Education.

Earlier this year, our partners at Education Minnesota challenged a St Francis Public Schools book ban that ceded control over what books made it onto shelves to the now-defunct booklooks.org, a book ranking site with ties to anti-LGBTQ+ extremist group Moms for Liberty. In June, under a settlement agreement, St Francis Public Schools was required to return books to shelves and implement a policy compliant with Minnesota law.

Resources

• If you think you or your child might be facing discrimination at school based on their gender identity or sexual orientation, you have options. You can:
  • Discuss your concerns and your student’s rights with a teacher, school official, or school board member(s).
  • Submit a legal request to Gender Justice.
  • File a complaint with the Minnesota Department of Human Rights. You can learn more about the complaint process through the department’s Civil Rights Investigation Process flow chart.
• OutFront Minnesota’s Educational Equity program has resources for school Gender and Sexuality Alliances/SAGAs and LGBTQ+ youth
• QueerSpace Collective offers Minnesota’s only queer mentorship program for LGBTQ+ youth. They also host in-person youth community spaces throughout the year for LGBTQ+ young people in the Twin Cities and St. Cloud.
• Transforming Families, based in Minnesota, offers support groups where transgender, gender non-conforming, and questioning youth and their families come together to support each other.
• The Trevor Project’s LGBTQ+ Youth Crisis Line remains open. Youth can connect to a crisis counselor 24/7, 365 days a year, from anywhere in the U.S via text, chat, or phone.

Self-Advocacy Tools

• • Advocacy Letters
    • for Transgender Students
    • for Families of Transgender Students
    • for Community Members
  • Know Your Rights at School – printable version