PFLAG GAINESVILLE
KNOW YOUR LEGAL RIGHTS!
Knowing our rights is essential to our democracy. PFLAG Gainesville Florida stays up to date and informs our supporters on the status of legal rights for the LGBTQ+ community. Please read below about state and national laws as well as National laws in place to protect you and your loved ones.
We are not attorneys and do not provide legal advice.
STATE LAW
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“The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing in its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality education.”
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“Every natural person has the right to be let alone and free from government intrusion into the person’s private life.” This right applies with equal force to minors, who do not shed their constitutional rights at the schoolhouse gate.
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Prohibits discrimination on the basis of gender in the K-20 public school system. This prohibition includes that “no person, on the basis of gender, may be excluded from participation in, denied the benefits of, or subjected to discrimination in any public K-20 education program or activity.” § 1005.05(2)(a).
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Requires Florida school districts to afford all students the same protections against bullying and harassment, regardless of their status under the law. The law requires each individual school district to implement a policy outlining the consequences of harassment; the consequences for a wrongful accusation of harassment; and the procedure for notifying the parents of both the victim and the perpetrator of the alleged bullying or harassment. The law provides that “distribution of safe schools funds to a school district… is contingent upon… the Department of Education’s approval of the school district’s bullying and harassment policy.”
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“Principles for Professional Conduct for the Education Profession in Florida”
“The educator values the worth and dignity of every person, the pursuit of truth, devotion to excellence, acquisition of knowledge, and the nurture of democratic citizenship. Essential to the achievement of these standards are the freedom to learn and to teach and the guarantee of equal opportunity for all.” Fla. Admin. Code R. 6A-10.081(1)(a).
Obligation to the student requires that the individual…shall not harass or discriminate against any student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination.” Fla. Admin. Code R. 6A-10.081(2)(a)(7).
FEDERAL LAW
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The 1st Amendment has long protected students’ rights to freedom of speech and expression. This fundamental right encompasses the right of students to express their sexual orientation, gender identity, and expression.
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The 14th Amendment’s guarantee of equal protection of the laws imposes a duty on schools to treat LGBTQ+ students equally and to protect their constitutional rights. This includes the duty to protect LGBTQ+ students from bullying and harassment on the same basis as other students.
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Title IX prohibits discrimination ‘on the basis of sex’ in ‘any education program or activity’ that receives federal funding. 20 U.S.C Section 1681(a). Title IX’s prohibition of sex discrimination has been interpreted by federal courts and the U.S. and Florida Department’s of Education to include discrimination against LGBTQ+ students. School’s Title IX obligation is to provide students “equal access to educational programs and activities”
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FERPA is a federal law that prohibits the disclosure of personally identifiable information and protects the privacy of student education records in all schools that receive federal funding. 20 U.S.C. 1232g; 34 C.F.R. Part 99. A student’s sexual orientation and transgender status are all protected personal information, the disclosure of which could constitute a violation of FERPA. Florida Statute 1002.22 requires that all Florida public schools comply with FERPA. Further, FERPA mandates that schools must consider requests by parents to amend information in the student’s education record that is in violation of the student’s privacy rights, which may include the student’s gender marker or name.
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The IDEA and Section 504 are federal laws that can be utilized to ensure access to the learning environment for students who need additional support. Some LGBTQ+ students are excluded from the learning environment as a result of not being affirmed at school. While being LGBTQ+ is not a disability, an IEP or 504 Plan can provide support and accommodations that enable the student to succeed. And for some students, the anxiety, depression, or psychological distress caused by not having their identities affirmed at school can qualify them for an IEP or 504 Plan.