Resource

Know Your Rights: Title IX for LGBTQ+ Families

September 14, 2025
Know Your Rights: Title IX for LGBTQ+ Families

Title IX is a powerful tool to safeguard your rights and protect against discrimination. Whether you’re an LGBTQ+ family navigating the increasingly hostile educational landscape or a transgender young person seeking support, this resource can provide you with the knowledge you need to use Title IX to protect yourself and create a safe learning environment.

Initially shared September 2023 and updated September 2025.

With the second Trump Administration in full swing, we’ve witnessed a roll back of protections for LGBTQ+ students and families with policies like Title IX suddenly up for debate. For an updated state of protections for LGBTQ+ families in schools — including the current status of Title IX — read our recent post from Nikhil Vashee, Director of Education Law and Policy, Senior Policy Counsel.

What is Title IX?

Title IX is the name of the federal civil rights law enacted as part of the Education Amendments of 1972. It is a federal law that prohibits sex-based discrimination in any public or private elementary school, secondary school, school district, college, or university that receives federal funding. Religious schools can apply for an exemption.

Under Title IX, schools…

  • Cannot separate, deny benefits to, or exclude a person on the basis of sex;
  • Must investigate and resolve allegations of discrimination, harassment, bullying, or physical harm based on sex;
  • Are required to take steps to protect students from harassment, bullying, physical harm, or discrimination

These protections apply to all school-run programs and extracurricular activities, including sports and clubs.

To learn more about the latest Title IX rule updates, you can visit the Department of Education’s website here.

Title IX Under the Trump Administration

When we first created this guide, it was right after the Biden administration had finalized a rule confirming that Title IX protects LGBTQ+ individuals. That rule is no longer in place and the Trump administration has made clear that they do not intend to enforce Title IX in favor of LGBTQ+ individuals and is even trying to use Title IX as a weapon against schools that have inclusive policies for trans students and athletes.

During this time, we have to acknowledge that it is a lot less likely for the Office of Civil Rights to prioritize your complaint or come to a favorable outcome. That being said, schools still have duties under the law and filing a complaint can start an investigation and give you access to supportive services that you otherwise may not get.  

At this time, we would still recommend filing complaints and making it known that LGBTQ+ people deserve protection under Title IX. If you have questions or are concerned about the consequences of filling out a complaint, please contact us for more information.

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What does Title IX protect your family from?

What role does Title IX play in the anti-LGBTQ+ policies being applied in states and school districts?

Don’t Say Gay and Trans Bills

In 2022, Florida passed H.B. 1557, often referred to as the “Don’t Say Gay and Trans Bill.” This bill explicitly bans curricular instruction of sexual orientation and gender identity in school. In the year since its passage, we’ve witnessed dozens of copycat bills crop up in states across the country. These bills have passed and become law in Alabama, Arkansas, Kentucky, Idaho, Indiana, Iowa, North Carolina, Ohio, and West Virginia. 

While states and school districts have the ability to set curriculums and learning standards, excluding students with LGBTQ+ families and LGBTQ+ students from activities to avoid discussion of gender identity and sexual orientation would constitute discrimination under Title IX. Even with these laws in place, schools cannot use “Don’t Say Gay and Trans” bills to justify acts of discrimination, bullying, and/or harassment. These acts should still be reported as Title IX violations.

Family Equality filed a lawsuit against Florida’s H.B. 1557 and got the state to admit that these laws are limited to curriculum only. Our settlement with Florida could serve as a useful guide to understanding how a school in any state might violate Title IX while claiming to just be following state law. For a more detailed guide on how to use our Florida case to advocate for classroom inclusion, you can see view our guide Advocating for Classroom Inclusion: Navigating Florida’s “Don’t Say Gay and Trans” Settlement.

Book Bans

According to the American Library Association, the number of book bans attempted in the United States in 2022 reached its highest point in 20 years. Many books banned by states, counties, and school districts feature LGBTQ+ characters or discussions of sexual orientation and gender identity. 
These bans, which specifically target LGBTQ+ characters, themes, and topics, negatively impact the ability of LGBTQ+ students and families to feel safe at school and can be considered violations of Title IX. In fact, the Department of Education recently found that a Georgia school district may have created a hostile environment for students by banning certain books from its libraries.

For concerned parents, teachers, and students affected by book bans, view our guide, “Book Bans: How Parents Can Take Action”

What should I do if my child experiences harassment, bullying, discrimination, or a hostile environment?

Alert your school about it as soon as possible. You can usually do this by contacting the school principal directly. Schools are also required to have a designated Title IX coordinator. The school is responsible for making this person’s contact information available to you.

Alerting someone does not necessarily mean you have to file a formal complaint, but it will get you on the record and allow you to see if your administration is willing to take steps to protect you and your child. Even without filing a formal complaint, you have the right to request support from your school to address the harms caused by discrimination, bullying, and/or harassment.

But know that if you decide to file a formal complaint, your school must have a written grievance procedure. This written procedure should explain the school’s timeline and processes for investigating the discrimination, bullying, and/or harassment your family faces.

For more information, check out Know Your IX and the National Women’s Law Center’s resource “FAQs on Title IX and Supportive Measures for Students in K-12 and Higher Education” This tool will guide you through approaching your school to file a complaint or request supportive measures. While its primary focus is on sexual harassment or assault, the advice is applicable to harassment, bullying, and discrimination based on sexual orientation and gender identity.

Retaliation is Prohibited

Speaking out against discrimination can be intimidating for a number of reasons. You might find yourself avoiding filing a complaint out of fear of retaliation. But it is a Title IX violation for a school to retaliate against you because you filed a Title IX complaint and stood up for your family’s rights.

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Why is it important to file Title IX complaints?

Title IX is an important safeguard, but it can’t be enforced unless you file a complaint if and when you experience discrimination.

Additionally, by filing a complaint, you are contributing to the national record of what is happening in schools across the country. The more people speak out about the discrimination they’ve experienced using Title IX complaints, the clearer the patterns are — and the easier it is for policymakers to recognize a need for change.

In short, filing a Title IX complaint when you experience discrimination can make a real difference in the lives of other LGBTQ+ parents and children.

How do I file a federal Title IX Complaint?

Anyone who believes there has been an act of discrimination, bullying, and/or harassment on the basis of sex may file a complaint with the Department of Education’s Office for Civil Rights (OCR) under Title IX. You are not required to file a complaint with your school district before filing a federal complaint. Additionally, the person filing the complaint does not need to be a victim of the alleged discrimination. But, if you are filing on behalf of someone else, you need to get written consent from that individual. This includes parents who are submitting on behalf of their child. Also, you need to file your complaint within 180 calendar days after the incident.   

The Office for Civil Rights has instructions for filing complaints in English and numerous other languages. There are a few ways to submit a complaint: 

  1. Submit your complaint online. You can submit your complaint either through the electronic submission of the pre-prepared OCR complaint form or by email. 
  2. Submit your complaint through the mail. You may pick up a copy of the complaint form at your nearest OCR enforcement office.

Whether you file online or by mail, you will need to sign and submit a consent form to allow the OCR to process your complaint. The signed Consent Form may be submitted to the OCR by mail, fax, email (with a scanned attachment), or in person.

Note: The OCR may contact you and ask for further details. Your revisions must be submitted within 20 days of the OCR’s request.

You can also report a Title IX violation to the Department of Justice here.

For more information, check out the Department of Education’s guide, “How to File a Discrimination Complaint with the Office for Civil Rights.”

If you need help filing a Title IX complaint or feel like you need advice from a lawyer, there are some organizations that you can reach out to for support:

What should I include in a Title IX Complaint?

Complaint letters should explain the following:  

  • Who experienced the discrimination, bullying, and/or harassment;
  • Who committed the acts of discrimination, bullying, and/or harassment; 
  • When the incident or incidents took place; 
  • What harm resulted from the discrimination, bullying, and/or harassment; 
  • Who can be contacted for further information (including any witnesses); 
  • Name, address, and contact information of the school;
  • Description of any prior attempts you have taken to resolve your complaint (including if you attempted to use the school grievance procedure);
  • What you would like the school or program to do as a result of the complaint, including any costs that you want reimbursed;
  • And as much background information as possible about the discriminatory act(s).

What should I include in a Title IX Complaint?

The OCR will promptly acknowledge receiving your complaint and contact you by letter, e-mail, or telephone to let you know whether they will proceed with an investigation.

If the investigation indicates that there has been a violation of Title IX, the OCR usually attempts to negotiate with the school to agree on how the school will remedy the harm and make sure that discrimination, harassment, and/or bullying will not happen again. If the OCR and the school cannot agree, they might refer the case to the Department of Justice to bring a lawsuit against the school or initiate administrative hearings to compel the school to remedy the situation. 


For more information, check out the Department of Education’s “Questions and Answers on OCR’s Complaint Process”

This information was prepared and distributed by Family Equality.

[email protected] | www.familyequality.org

Family Equality exists to create a world where everyone can experience the unconditional love, safety, and belonging of family. Our mission is to ensure that everyone has the freedom to find, form, and sustain their families by advancing equality for the lesbian, gay, bisexual, transgender, and queer (LGBTQ+) community.

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