This Back-to-School Season, Know Your Student Rights!

As anti-LGBTQ2SIA+ extremists continue to politicize our kids’ safety and well-being at school, it’s important to make sure your family knows what rights all Oregon students have at school.

While you’re buying classroom supplies and memorizing new class schedules, make some time this back-to-school season to also brush up on student rights in Oregon! To learn more about what your LGBTQ2SIA+ kid’s rights are in Oregon schools, check out this guidance from the Oregon Department of Education.

1. Your Right to an Equal Education

The Constitution of the United States and Oregon law guarantees all students the right to access an equal education and to be free from discrimination. If your student is discriminated against, you have options for fighting back.

All students in any publicly funded educational institution in Oregon have the right to equal educational access that is free from discrimination. This right is protected by the Equal Protection and Due Process Clause of the Fourteenth Amendment in the Constitution of the United States. In Oregon, students are promised an educational environment free from discrimination based on their gender identity or sexual orientation.

Additionally, the Supreme Court of the United States has ruled that discrimination based on a person’s sexual or gender identity is sex-based discrimination. This means discrimination against LGBTQ2SIA+ students is to be treated no differently than if any other student were to be discriminated against on the basis of their identity.

A student who experiences discrimination in school, or a parent or guardian, can file a complaint with the Oregon Department of Education. Title IX (Title 9) requires schools to accept complaints made either verbally or in writing and must recognize and respond to complaints of sex discrimination regardless of whether a specific form is used.

2. Your Freedom of Expression and Identity

Expression of a student’s gender or sexual identity is protected by the United States Constitution.

The determination of a student's gender identity rests solely with them, and them alone. This right of self-expression is rooted within the First Amendment of the United States Constitution. It is the student’s right—not a parent’s or teacher’s right, but a student’s individual right—to decide how public their transition is or is not to be. A decision by a student to be referred to by pronouns or names that affirm their identity should be respected, and Oregon Department of Education guidelines highlight that staff should refer to these chosen names and pronouns regardless of what is listed in the school’s legal records.

Intentional or unintentional misgendering of students creates a hostile environment and can be a form of discrimination. A student’s freedom of expression being rooted in the First Amendment means that any acts that threaten to out gender expansive students, overlook bullying, mistreat gender expansive students, or bar LGBTQ2SIA+ clubs is a violation of the First Amendment. Further, school dress codes that treat students differently based on their sex, orientation, or identity will likely violate Oregon anti-discrimination laws and the federal Title IX of the Educational Amendments of 1972.

3. Your Right to Privacy

Student autonomy and privacy are of the utmost concern, and these rights are protected by both Oregon and federal law.

A student’s asserted name and pronouns should be used in all documentation and communications as directed by the student, regardless of the legal status of their name or pronouns. There is also no required documentation to change the asserted name or pronouns for the student. All schools are required to offer the “X” designation for non-binary students. Oregon Department of Education has guidance for schools navigating a student’s social transition, and you can use this as resource when advocating for yourself or your student.

The Family Educational Rights and Privacy Act (FERPA) allows caregivers to amend, correct, and consent to the sharing of a student's records. With that in mind, schools should still refrain from discussing a students’ gender identity or sexual orientation with caregivers unless given express permission by the student. School employees generally may only access these records if they have a “legitimate educational interest” to access them.

A school employee who outs a student's gender or sexual identity without the consent of the student could likely constitute a violation of both Oregon law, and the federal FERPA. Oregon law further requires that all designated school medical professionals follow proper medical administration for gender-affirming care and that conversion therapy is expressly forbidden in Oregon for those under the age of 18.

4. Your Freedom From Harassment, Intimidation, and Bullying

Oregon law protects you from harassment, intimidation, and bullying, both in-person and online.

Oregon law requires that schools adopt policies on parental notification when a student either experiences or commits an act of harassment, intimidation or bullying (either offline or online). These policies must follow Carson’s Law, an Oregon law, which states that “notification must occur with involvement and consideration of the needs and concerns of the student…”. This opt-out can occur in only three (3) instances: when the student subjected to the bullying requests for no notification, a school official determines notification is not in the best interest of the affected student, or when federal law would require the school to give parents access to the students record and they choose for no notification.

The Oregon Department of Education instructs schools to try and support students that request no notification with support staff, such as a school counselor or other school-based mental health specialists.

5. Your Right to Access Restrooms and Other School Facilities

Oregon law and federal courts say that students have the right to use school facilities in a manner that corresponds to their gender expression.

Under Oregon policy, single-use facilities may be offered, they they cannot be the only option available to gender-expansive students, as this would single out those students.

This right is further protected by the federal 9th Circuit Court, which confirmed and upheld an Oregon transgender student's right to access facilities that align with their gender identity. Attempts to circumvent this right, such as forcing students to use only single-use or gender-neutral facilities, could likely fall under discrimination. Forcing a student to use facilities that do not align with their gender identity is also a violation of their rights.