/
Know Your Rights: LGBTQ Student Civil Liberties Know Your Rights: LGBTQ Student Civil Liberties

Know Your Rights: LGBTQ Student Civil Liberties - PowerPoint Presentation

alida-meadow
alida-meadow . @alida-meadow
Follow
434 views
Uploaded On 2017-05-03

Know Your Rights: LGBTQ Student Civil Liberties - PPT Presentation

American Civil Liberties Union of Southern California The American Civil Liberties Union is a national organization est 1927 Work to defend and preserve the rights of all people as guaranteed by the Constitution and laws of the United States ID: 544161

students school source lgbtq school students lgbtq source climate harassment gender lgbt code freedom discuss bullying sexual policies club

Share:

Link:

Embed:

Download Presentation from below link

Download Presentation The PPT/PDF document "Know Your Rights: LGBTQ Student Civil Li..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.


Presentation Transcript

Slide1

Know Your Rights: LGBTQ Student Civil LibertiesSlide2

American Civil Liberties Union of Southern California

The American Civil Liberties Union is a national organization est. 1927

Work to defend and preserve the rights of all people, as guaranteed by the Constitution and laws of the United States.

Our mission is to defend civil liberties and rights in the U.S.

Active in a wide variety of issues (Workers’ Rights, Immigrants’ Rights, Privacy, Economic Justice, Racial Justice, Human Rights, etc.)

Over 500,000 members, active in all 50 states that help support our workSlide3

Legal Disclaimer

The topics we will discuss today are basic rights pertaining to students. While I’m not a lawyer and cannot give legal related advice or answer individual legal questions, I will be talking about how to protect yourself and your students. If there are specific legal questions, feel free to contact me either after the presentation or via email.Slide4

Bullying and Harassment at School

Homophobic remarks and harassment throughout the school day can cause LGBTQ youth to feel disrespected, unwanted, and unsafe

The National School Climate Survey found that

8

out of 10 students hear anti-LGBT language

frequently (2011)

Source:

GLSEN - “National School Climate Survey” (2011)Slide5

School Climate Today

Biased Remarks at School

84.9% of students heard

“gay” used in a negative way

frequently or often at school and 91.4% reported that they felt distressed because of this language

56.9 % of students reported hearing homophobic and

negative remarks

about gender expression from

teachers or other school staffSource: GLSEN - “National School Climate Survey” (2011)Slide6

School Climate Today

Safety and Victimization at School

6 out of 10 students felt

unsafe

because of their sexual orientation

4 out of 10 students felt

unsafe

because of their gender expression6 out of10 students who were harassed or assaulted in school

did not report the incident to school staff4 out of 10 students who did report an incident said that school staff did nothing in responseSource: GLSEN - “National School Climate Survey” (2011)Slide7

School Climate Today

Absenteeism

3 out of 10 students missed at least one entire day of school in the past month because they felt unsafe or uncomfortable

Students who experience high levels of victimization were more likely to miss a day of school in the past month

3 times as likely for sexual orientation

2 times as likely for gender expression

Source:

GLSEN - “National School Climate Survey” (2011)Slide8

One Thing You Would Like to Change Right Now

LGBT Youth

Understanding/tolerance/ hate

My parents/family situation

Where I live/who I live with

Non-LGBT Youth

Money/debt/finances

Appearance/weight

Improving mental healthSource: HRC - “Growing Up LGBT in America” (2012)Slide9

Most Important Problem Right Now

LGBT Youth

Non-accepting families

School/bullying problems

Fear of being out or open

Non-LGBT Youth

Classes/exams/grades

College/career

Financial pressures related to college or jobSource: HRC - “Growing Up LGBT in America” (2012)Slide10

School Climate Today

Solutions:

Gay-Straight Alliances

Inclusive Curriculum

Supportive Educators

Comprehensive Bullying/Harassment Policies

Source:

GLSEN - “National School Climate Survey” (2011)Slide11

School Climate Today

Students in schools with these solutions report:

Hearing fewer homophobic remarks

Have staff that intervened upon students’ behalf when hearing homophobic remarks

Feeling safer at school

Are physically and verbally harassed at lower rates

Missed fewer days of school

Greater sense of connectedness with school community and students

Source: GLSEN - “National School Climate Survey” (2011)Slide12

Freedom of Speech

First Amendment

U.S. and CA Constitutions apply on campus

The First Amendment protects the Freedom of Speech

Particularly important for minority groups with “unpopular” viewpoints

Gay Pride Parades

Transgender Day of Remembrance

Day of Silence

Harvey Milk DaySlide13

Freedom of Speech

Guarantees students the right to speak our minds, including LGBTQ issues, regardless of public opinion

Censorship of pro-LGBTQ messages is not allowed solely on the basis of it being controversial, inappropriate for minors or just morally wrong

Allows students to share their stories, be who they are, and build public support for LGBTQ equalitySlide14

Freedom of Speech

Applies in many different contexts

Freedom To Be “Out”

Courts have found that this is NOT inherently sexual

Freedom To Discuss LGBTQ Issues

Class Projects

Book Reports

T-shirts

ArmbandsButtonsBulletin BoardsSlide15

Freedom of Speech

Limitations

A student may NOT:

Substantially disrupt class time or the school environment

Incite others to break the law or school rules

Say obscene things

Discussion of LGBT issues is not obscene

Make false statements of fact (versus opinion) about another person (i.e. defamation)Slide16

Freedom of Expression

First Amendment

Attending school dances with a same-sex partner

Gender expression

Expression vs. Dress Code Policies

No filtering of internet sites that have pro-LGBT messaging

Some schools have filters that label it as “sexual content” because it says “LGBT”Slide17

Freedom of Assembly

First Amendment also protects your Freedom of Assembly

The Federal Equal Access Act

Went into effect in 1984

Federal law requires school to allow the GSAs

Only if non-curriculum clubs are allowed to exist and meet on school property

Must provide the same access to meeting space, budget allocations, ability to post flyers, public announcements

Schools may not treat a GSA any differently than any other non-curriculum based school clubs

Source: Title 20, United States Code,  § 4071Slide18

Right to Privacy

Outing

Students have a right to privacy, which includes the right to keep information about their sexual orientation private

School officials may NOT tell a student’s parents without their consent, even if the student is “out” on campus except with a compelling justification

School officials may NOT use a student’s sexual orientation to manipulate students in any waySlide19

Right to Unbiased & Inclusive Curriculum

Fair Accurate Inclusive Respectful Education (FAIR) Act (SB 48)

Went into effect January 2012

Includes historical LGBT people and people with disabilities in K-12 social sciences through age-appropriate curriculum

Source:

CA Ed Code 51204.5, 51500, 51501, 60040, & 60044Slide20

Right to Unbiased & Inclusive Curriculum

The California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act (SB 71)

Went into effect in 2004

Replaced confusing and contradictory statutes on sex education

All public schools must teach HIV prevention education

If public schools choose to teach sexual education, it must be comprehensive, medically accurate, objective, age-appropriate and bias-free

This excludes abstinence-only education and religious doctrine

More specific content requirements kick in, starting in 7

th gradeEducators cannot present information that is biased against LGBT peopleSource: CA Ed Code 51930 – 51939Slide21

Right to Healthcare

Students 12 years and older have the right to leave school to seek confidential medical services. Sensitive services can include but are not limited to:

HIV or Sexually transmitted infection (STI) testing

Mental health or counseling services

Drug or alcohol treatment/ counseling

Abortion care

Obtaining birth control

Schools must excuse students for confidential medical services without the consent or notification of the student’s parent

Schools must excuse absences related to having medical services rendered. Teachers must allow students to make up all assignmentsSource: CA Ed Code 48205, 46010.1 (plus a panoply of state laws and cases)Slide22

Right to Be Free From Harassment

Students are protected on the basis of:

Sexual orientation

Gender, gender identity and gender expression

Actual or perceived membership

Association with people with any of the protected characteristics

Schools must have a uniform nondiscrimination standards to ensure that students, teachers and school administrators understand the protections in California schools

Source:

CA Ed Code 200-220Slide23

Right to Be Free From Harassment

Seth’s Law (AB 9)

Went into effect July 1

st

, 2012

New California state law strengthens existing state anti-bullying laws

Requires teachers and other school personnel to intervene when safe to do so

Source:

CA Ed Code 234, 234.1, 234.2, 234.3 & 234.5Slide24

Right to Be Free From Harassment

Bullying: Alternative Discipline (AB 1729)

Went into effect January 1

st

, 2013

New California law requires administrators try alternatives before suspension, except for certain serious offenses

Including referrals to counselors and guidance teams, positive behavioral support and restorative justice

Source:

CA Ed Code 48900 & 48900.5Slide25

School Climate & School Discipline

LGBTQ Youth are often punished inconsistently and disproportionately

Punitive discipline policies often remove youth from the education environment (“exclusionary discipline”)

Few opportunities for Positive Behavior Intervention Systems (PBIS) and/or Restorative JusticeSlide26

Current Representation

Approximately 300,000 LGBTQ youth are arrested and/or detained each year of which 60% are black or Latino

LGBTQ youth make up 5-7% of the national youth population and 13-15% of those in juvenile detentionSlide27

Zero Tolerance Policies

Zero tolerance policies require schools to suspend or expel students for violating rules, no matter what extenuating circumstances there might be

Zero tolerance policies are often put in place in response to the failure of school districts to address the problem of anti-LGBTQ bullyingSlide28

Zero Tolerance Policies

Why don’t Zero Tolerance policies help protect LGBTQ students?

They don’t improve school safety or climate

They don’t stop students who bully from bullying

They are used against LGBTQ students more than straight studentsSlide29

Zero Tolerance Policies

LGBTQ students sometimes

engage

in bullying behavior as a “defense” or “survival” mechanism

.

Often reflects institutionalized

biasSlide30

Other Means of

P

ush-out

Willful Defiance

Truancy/School-based arrests

High stakes testing

Outing

” Foster Care and HomelessnessSlide31

Right to Be Free From Harassment

School Success and Opportunity Act (AB 1266)

Goes into

effect January 1

st

,

2014

Clarifies existing state nondiscrimination laws that prohibit discrimination on the basis of gender, gender identity and gender expression

Clarifies that it applies to programs, activities, and facilities that are separated by genderSource: CA Ed Code 220, 221, 234.1Slide32

Right to Be Free From Harassment

CA law is designed to protect LGBTQ students and holds schools and school officials liable for failing to do so

Students DO NOT have to put up with being bullied

Schools are required to protect against harassment

They may NOT ignore it

They may NOT say it should be expected

They may NOT say they didn’t know they had to protect studentsSlide33

Right to Be Free From Harassment

Students may NOT be harassed for:

Being LGBTQ

Being perceived as LGBTQ

For being friends with LGBTQ people

For having LGBTQ family members

For dressing in any particular gender nonconforming clothingSlide34

Education Code Mandates

Nondiscrimination Policy

Adopt a policy that prohibits discrimination, harassment, intimidation, and bullying

Uniform Complaint Procedures

Adopt a process for receiving and investigating complaints of discrimination, harassment, intimidation, and bullyingSlide35
Slide36

Uniform Complaint Form

California Department of Education mandated form

All school districts must have this form

If the district has a specific form for their district, complainants should use the one provided

If the district does not have one, use the CDE’s

Where to find the UCF

Ask the school

Ask the district

Check the website (school, district, etc).Slide37

Tips for Filing a Complaint

Any student, parent or interested-third party can file a complaint

A complaint may be filed anonymously

Have someone from the school or district sign and date the form

Ask for a solution

Mark in your calendar the timeline

Do NOT use

Williams

formDo NOT use employee discrimination formSlide38

Enumerated Categories

Disability

Gender

Gender identity

Gender expression

Nationality

Race or Ethnicity

Religion

Sexual orientationActual or perceived membershipAssociation with a person or groupSlide39

Publicity of Policies

Associated Student Body room

Teacher’s Lounges

Classrooms

Student/Parent Handbooks

School/District WebsitesSlide40

ScenariosSlide41

Scenario 1

Jessie is a transgender (MTF) student at a California public high school. Jessie has just recently begun to transition, including at school. Alex is a student in Jessie’s class who was raised by conservative parents to believe that being transgender is morally wrong. Every day when Jessie comes into the classroom Alex taunts her and calls her names. When Jessie complained to the teacher, the teacher told her that she should stop drawing so much attention to herself and should just wear “normal” clothes.

Please discuss whether the teacher is breaking the law. Also discuss several ways in which Jessie can advocate for herself.Slide42

Scenario 2

A group of students at a California public school, wants to start a Gay-Straight Alliance club because they feel that LGBTQ students and allies on campus face a lot of harassment and discrimination. When they asked the principal for permission to start the club, she told them that Gay-Straight Alliance clubs were against school policy because it was inappropriate to talk about sexuality at school. ABC high school has several other clubs that are allowed to meet on campus at lunch time and after school, including Math Club, Science Club, Chess Club, Knitting Club, Democratic Club, and Mountain Biking Club. The other clubs are allowed to post flyers in the hallways and present in classrooms.

Please discuss

whether the principal is breaking the law by not allowing the students to form a Gay-Straight Alliance club. Also discuss what the students should do.Slide43

Scenario 3

Daniel is the advisor to the GSA club at a local public high school.  He has filed more than twenty complaints with the school on behalf of several different students who participate in the GSA for the bullying they have experienced—from both teachers and other students.  One teacher told a student she should “go back in the closet and throw away the key.”  None of the students has ever been interviewed about what they have experienced, nor has the school ever provided a written response to any of their complaints.

Please discuss

what responsibilities the school has ignored.  Also discuss what Daniel can do to help advocate for his students.Slide44

Scenario 4

Renee is a gender nonconforming student starting at a local public high school. She is trying to enroll in a physical education class. Her counselor will only let her sign up for a dance class because that is what all girls get signed up for whereas all the boys get signed up for cross-country. Renee was also told that on her first day it would be “Blue and Pink Day” where all the boys have to wear blue and all the girls have to wear pink. Renee doesn’t feel comfortable in her dance class and she also doesn’t feel comfortable wearing pink to school.

Please discuss

whether the school is breaking the law. 

Also discuss what

Renee can do to help advocate for herself.Slide45

Scenarios

What went well?

What went wrong?

Were the

student’s

rights violated?

What are our recommendations?Slide46

Questions? Comments?

?Slide47

Contact Information

Joey Hernández

Community Engagement & Policy Advocate

ACLU of Southern California

Phone: 213-977-5268

Email: jhernandez@aclu-sc.org