The U.S. Department of Education is warning school districts across the country against taking steps to ban students from forming gay-straight alliances and similar support groups in their schools.
“Officials need not endorse any particular student organization, but federal law requires that they afford all student groups the same opportunities to form, to convene on school grounds, and to have access to the same resources available to other student groups,” a June 14 “Dear Colleague” letter from U.S. Secretary of Education Arne Duncan reads.
Citing 1984’s Equal Access Act, created to prevent discrimination against religious groups at schools, Mr. Duncan said schools must treat all student-initiated groups equally, pointing out the benefits of groups that address issues related to students who are lesbian, gay, bisexual, and transgender in particular, and noting the verbal and physical abuse these students often experience.
“Nationwide, students are forming these groups in part to combat bullying and harassment of LGBT students and to promote understanding and respect in the school community,” he wrote. “But in spite of the positive effect these groups can have in schools,some such groups have been unlawfully excluded from school grounds, prevented from forming, or denied access to school resources.”
Although these groups have been around for more than 20 years, students attempting to create gay-straight alliances still face many hurdles. In Clovis, N.M., this year for example, the school board voted to ban clubs that didn’t have a tie to schoolwork from meeting during the day, though their sights were set on one club in particular: a gay-straight alliance Clovis High School students wanted to form. In May, the school board relented, in part because of the threat of a lawsuit from the New Mexico chapter of the American Civil Liberties Union.
Mr. Duncan’s letter to school districts was accompanied by legal guidelines from the Education Department’s general counsel, Charles P. Rose. It follows an October 2010 letter to districts about how bullying, in particular of students who are lesbian, gay, bisexual, and transgender, may violate students’ civil rights.
“We intend for these guidelines to provide schools with the information and resources they need to help ensure that all students, including LGBT and gender-nonconforming students, have a safe place to learn, meet, share experiences, and discuss matters that are important to them,” Mr. Duncan wrote.
A survey of nearly 7,300 students nationwide by the Gay, Lesbian & Straight Education Network in 2009 found that at schools with gay-straight alliances, students were less likely to hear epithets including “faggot” and “dyke,” and expressions using “gay” in a negative way were less common.
In addition, only about half of students at schools with these clubs said they felt unsafe because of their sexual orientation, compared with about two-thirds of students at schools without gay-straight alliances.
However, less than half of students surveyed said their school had an alliance or similar group. More than 4,000 gay-straight alliances are registered with New York-based GLSEN.
The first such group was created by Kevin Jennings as a teacher in 1998. Mr. Jennings left his post as the Education Department’s assistant deputy secretary of the office of safe and drug-free schools last month. (“Exiting Official Made Anti-Bullying a Priority,” June 15, 2010.)
In another recent show of support for gay students, the Education Department recently hosted its first Lesbian, Gay, Bisexual and Transgender Youth Summit along with the U.S. Department of Health and Human Services.
There, the federal Centers for Disease Control and Prevention revealed results of a survey that found students who are gay or bisexual are more likely than heterosexual students to smoke, drink alcohol, use drugs, and take other risks.
A version of this article appeared in the July 13, 2011 edition of Education Week as Districts Get Warning Against Prohibiting Gay-Straight Alliances