School

If you go to a public school or college or a private school or college that receives federal funds, a federal law called “Title IX” gives you the right to access equal educational opportunities regardless of sex. The Supreme Court has ruled that discrimination on the basis of sex includes discrimination based on transgender status. Accordingly, your school can't discriminate against you on the basis of your gender identity.

In addition, some states have specific laws protecting trans students. The following states/territories have laws prohibiting discrimination in schools on the basis of gender identity: Washington, Oregon, California, Nevada, Colorado, New Mexico, Minnesota, Iowa, Illinois, Michigan, Virginia, District of Columbia, Maryland, Hawaii, New Jersey, New York, Connecticut, Vermont, New Hampshire, Maine, Massachusetts, and Puerto Rico. North Dakota and Pennsylvania have interpreted such a provision into their existing laws, and Utah has school code / regulatory protections. The following states have laws prohibiting bullying on the basis of gender identity: Washington, California, Oregon, Nevada, Colorado, New Mexico, Minnesota, Iowa, Illinois, Arkansas, North Carolina, District of Columbia, Maryland, Delaware, New Jersey, Connecticut, Rhode Island, Massachusetts, New York, New Hampshire, and Maine. Utah and West Virginia prohibit the same through school regulations.
If you are looking for a resource to give adults at your school guidance about how to make your school safer for trans youth, NCLR has this guide called “Schools in Transition”.

Bullying/Harassment

You have the right to feel safe and welcome at school. If you are being bullied, misgendered, outed, singled out, or mistreated by teachers, other students, or anyone else at school because of your gender identity, your school is failing in its responsibility to keep you safe at school.In order for your school to be legally responsible for teachers, school employees, or other students mistreating you, the school needs to be aware that it happened. You should report each incident to someone at school who has the authority to address the problem. That person wouldtypically be the principal or assistant principal, not a teacher. Each public school is also required to have a contact person who makes sure the school district complies with Title IX, including by investigating incidents of bullying and harassment. That person often has the title of "Title IX Coordinator" and is either based in your school or at the school district’s office. Your school should keep records of bullying and harassment that happens to you and other students because states require schools to report on that information. Even if your school keeps these records, it is also important for you to keep your own records as well.

Your records should include the following:

A diary with information about each incident of bullying and harassment, such as the date, time, who was involved, and who you reported the incident to;
Copies of any forms you filled out for the school when reporting incidents of bullying and harassment;
Copies of any e-mails you sent to school administrators about the bullying and harassment; and
Copies of anything you gave to the school related to an incident of bullying and harassment, such as photos.

Coming Out/Privacy

Your gender identity—whatever that may be—is your own private information, and you can choose whether and to whom to disclose that information. Even if you have come out to some people, such as your friends, your school is not allowed to tell other people you haven’t come out to, such as teachers, other students, and other students’ parents, that you are trans without your express permission.

You should be aware, though, that if your school finds out that you are trans, the school may want to tell your parents and may be able to do that even without your permission or involvement.

In some states legislation/regulations have passed, or are pending, that would require school officials to notify parents if a student changes their pronouns, comes out as trans to classmates or school officials, changes their visible gender presentation, or expresses a desire to transition.

New Laws Affecting Schools

In 2023, and so far in 2024, a lot of states started proposing and passing a variety of legislation aimed at restricting the ability of trans youth to be out at school, to access resources and community, and to participate in normal school life.

A handful of states have passed bans on trans people using bathrooms consistent with their gender identity in K-12 schools, as well as some government owned buildings. To see if your state has a school bathroom ban, look at this map: [https://www.lgbtmap.org/equality-maps/youth/school_bathroom_bans]

Some states have passed laws about the inclusion of LGBTQ people and history in the curricula of public schools. Right now, seven states require schools to teach about our history, while twelve states restrict that teaching in some way. To see if your state has a curricular law, look at this map: [https://www.lgbtmap.org/equality-maps/curricular_laws]

These laws are being proposed, fought, and struck down at a very fast pace. Our friends at LGBTMAP try to make sure that their maps are updated every day so that we have good information to work with.

If you look at these maps and find out that your state has laws that are trying to restrict your ability to be who you are at school, reach out to us. Our community partners and lawyer network can help you understand your rights, connect with advocates, and plan effective and safe self-advocacy.

Names and Pronouns

You can ask your school to use your chosen name and pronouns, even if you haven’t legally changed your name or corrected the gender marker on your identity documents. Being misgendered negatively affects trans students’ ability to feel safe and learn at school. And having your legal name listed where teachers, other students, or other students’ parents can see it can “out” you.

That means that even though your school has to know your legal name for their records, your school may be required to use your chosen name and pronouns to address you, as well as in any places that you have your name listed at school, such as on roll call, or your student ID, or library card.

Rules regarding whether school officials are required to use gender-affirming pronouns in conformance with the expressed preferences of the student are currently contested. As such, depending on your location, school districts may be able to require the usage of affirming pronouns, or may be barred from that requirement. Additionally, some school districts may require their professors to use affirming pronouns exclusively, but this too may be judged a First Amendment violation.

Restrooms and Locker Rooms

The usage of restrooms and locker rooms that match the gender identity of LGBTQ+ persons is currently legally contested. States in our federal system are divided up into Federal Court of Appeals Circuits. In the 4th Circuit, a school cannot prohibit a transgender student from using the bathroom matching their gender identity. In the 11th Circuit, schools are allowed to prohibit transgender students from doing such. More Circuits may join either rule, and a Supreme Court ruling is expected shortly. Please identify which Circuit your state falls into, and confirm what ruling is binding on you.

Independently, the 9th Circuit found that schools are not required to restrict students to bathrooms matching their “biological sex.”

You also have the right to feel safe at school, which may apply to accessing single-sex facilities. If you are non-binary, your school may allow you to choose between using the single-sex facilities that make you feel the most comfortable, or using a gender-neutral option, such as a single stall gender-neutral bathroom, if that is what you need to feel safe at school.

Sports

The allowance of LGBTQ+ persons on sports teams of their gender identity is an issue that is decided on a state-by-state, and indeed school board by school board, basis. The overall legal status is currently not determined. It may vary depending on the level of education of the given institution (e.g., elementary versus collegiate).

State athletic agencies are starting to recognize that trans students should be welcomed to participate in school sports consistent with their gender identity. Excluding trans students from sports at school prevents them from participating in athletic opportunities that are good for their health and for learning the positive values that come from sports participation, including teamwork and fair play.

If you live in a state with a trans-inclusive policy for sports, transgender girls should be able to play on girls’ sports teams, and transgender boys on boys’ sports teams. If you are non-binary, your state athletic association should allow you to play on the sex-specific sport team that is most consistent with your gender identity. But you may be asked to choose boys’ or girls’ sports for a particular period of time, such as a season or school year, as opposed to allowing you to choose per sport.

Many states have enacted laws that restrict or completely ban the ability of trans students to compete in accordance with their gender identity. Some policies require certain types of transition-related health care before a trans student can participate in sports, others require a corrected birth certificate. These rules vary by state and by sport. Recreational sports leagues can also have their own rules. To find out if your state has a ban or restriction on your ability to play sports visit Transathlete.com. Transathlete.com also provides more information on eligibility requirements. You, your coaches, and your parents may find community resources to support trans, nonbinary, and intersex student athletes at AthleteAlly.com. If your state does have restrictions and you have been discriminated against, you should contact the NCLR Legal Helpline by phone at (415) 392-6257 or (800) 528-6257. You can also contact the helpline by e-mail at info@nclrights.org.

Genders and Sexualities Alliances (GSAs)

Under a federal law called the Equal Access Act (“EAA”), any school that permits students to form non-curriculum related student groups must provide equal access to all student groups, and that includes equal access for GSAs. A non-curriculum related student group is a group that is about a subject that is not taught at school, such as a South Asian Club, a Chess Club, or a Skating Club. Equal access means that the GSA must be afforded all the same rights and privileges as other student groups to use school locations for meetings and communications.

The EAA and the First Amendment of the United States Constitution also protect student groups when they are forming. Your school can impose rules that they are consistent in applying to all student groups, such as a rule that every group must have a faculty advisor. But it can’t apply that rule only to the GSA, and not to other student groups. For example, your school cannot require you to call your student group “The Tolerance Club,” when you want to call it a GSA.

Disability Status/IEPs

Under federal disability laws, every child with a disability is entitled to a “free appropriate public education.” If you have a disability or need specialized accommodations at school, you may be entitled to an Individualized Education Program (“IEP”), which is a personalized plan describing what resources and support you need to be able to learn. Gender dysphoria can be considered a disability for the purposes of federal disability laws if your dysphoria affects your ability to learn or function at school. Regardless of the basis for your IEP, the IEP should recognize that being respected in your gender identity is critical for you to be able to learn and receive a “free appropriate public education.” Your IEP should include any modifications or accommodations needed to ensure that you are treated in accordance with your gender identity throughout your school day. Also, any services your school provides you for your disability, including any service providers or specialists they hire, should respect and affirm your gender identity. If you have a disability and you have an affirming parent or guardian, you should ask them to seek an independent evaluation for you from someone outside your school to figure out what services and accommodations may be appropriate for you. NCLR has more information on IEPs in its "Schools in Transition" guide (see pages 35-36).

College

Applications (FAFSA/Selective Service)

If you are applying for college and you need financial aid, you have to fill out the “Free Application for Federal Student Aid” (FAFSA) form. The gender marker you put on this form should match the gender marker that is in your Social Security records.

FAFSA will also ask you whether you have registered for Selective Service. For how to handle this, see the Selective Service section of Identity Documents.

Sex-segregated Colleges

Increasingly, sex-segregated colleges have trans-inclusive policies. Sex-segregated colleges have different policies for what kinds of documents they require from trans applicants, and whether they admit non-binary students. They can also have different policies for whether students who transition while they are there can stay enrolled or not. It is important to review each college’s policy on trans students when deciding if it is the right choice for you.

Currently, women’s colleges that admit trans women include Agnes Scott College, Alverno College, Barnard College, Bay Path University, Bennett College, Brenau University, Bryn Mawr College, Cedar Crest College, College of Saint Benedict, College of Saint Mary, Colorado Women’s College,Hollins College, Mills College, Moore College of Art and Design, Mount Holyoke College, Mount Mary University, Russell Sage College, Scripps College, Simmons College, Smith College, Spelman College, Stephens College, St. Catherine University, Trinity Washington University, Wellesley College, and Wesleyan College. Men’s colleges that admit trans men include Morehouse College and Saint John’s University.