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“Like Walking Through a Hailstorm” Discrimination Against LGBT Youth in US Schools WATCH

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“Like Walking Through a Hailstorm” Discrimination Against LGBT Youth in US Schools WATCH HUMAN RIGHTS “Like Walking Through a Hailstorm” Discrimination against LGBT Youth in US Schools WATCH “Like Walking Through a Hailstorm” Discrimination Against LGBT Youth in US Schools Copyright © 2016 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-34297 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sao Paulo, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org “Like Walking Through a Hailstorm” Discrimination Against LGBT Youth in US Schools Glossary .............................................................................................................................. I Summary ........................................................................................................................... 1 LGBT Experiences in School ..................................................................................................... 2 Key Recommendations ....................................................................................................... 5 To State Legislatures ................................................................................................................ 5 To State Departments of Education ........................................................................................... 5 To School Administrators .......................................................................................................... 5 To the US Congress .................................................................................................................. 6 Methodology ...................................................................................................................... 7 I. Background ..................................................................................................................... 9 Successes, with Limits ............................................................................................................. 9 “No Promo Homo” Laws .......................................................................................................... 11 Impact on LGBT Students of Discrimination and Victimization ................................................. 16 II. Bullying and Harassment .............................................................................................. 19 Physical Bullying .................................................................................................................... 21 Verbal Harassment and Hostile Environments ......................................................................... 23 Cyber Bullying ........................................................................................................................ 30 Sexual Harassment ................................................................................................................. 31 Exclusion and Isolation ........................................................................................................... 33 Reporting and Retaliation ....................................................................................................... 36 III. Exclusion from School Curricula and Resources ........................................................... 39 Classroom Instruction and Discussion .................................................................................... 39 Comprehensive Sexuality Education ....................................................................................... 42 Counseling and Support ........................................................................................................ 49 Library and Internet Resources ................................................................................................ 53 IV. Restrictions on LGBT Student Groups .......................................................................... 56 Forming Gay-Straight Alliances ............................................................................................... 57 Operating Gay-Straight Alliances ........................................................................................... 62 V. Discrimination and Bigotry ........................................................................................... 69 Bigotry and Fear of Repercussion Faced by LGBT Staff and Faculty ........................................... 70 Same-Sex Couples in Schools ................................................................................................. 73 Access to Facilities ................................................................................................................. 76 Participation in School Events and Extracurricular Activities ................................................... 84 Expression and Dress ............................................................................................................ 86 School Events ........................................................................................................................ 88 Gender Policing ..................................................................................................................... 89 Names and Pronouns............................................................................................................. 90 Record Keeping ..................................................................................................................... 92 Graduation ............................................................................................................................ 94 VII. Human Rights Analysis ............................................................................................... 96 Violence and Bullying ............................................................................................................. 97 Freedoms of Expression, Association, and Assembly .............................................................. 98 Right to Privacy ...................................................................................................................... 99 Discrimination ....................................................................................................................... 99 Education, Personal Development, and the School Environment ........................................... 100 Recommendations .......................................................................................................... 102 To State Legislatures ............................................................................................................ 102 To State Departments of Education ....................................................................................... 102 To School Administrators ...................................................................................................... 103 To the US Congress ............................................................................................................... 104 To the US Department of Education ....................................................................................... 105 Acknowledgments .......................................................................................................... 106 Glossary Agender Does not identify with any gender. Aromantic Experiences little or no romantic attraction to other people. Asexual Experiences little or no sexual attraction to other people. Biromantic Romantically attracted to two or more sexes or genders. Bisexual Sexually or romantically attracted to two or more sexes or genders. Cisgender Sex assigned at birth conforms to identified or lived gender. Demiboy Only partly male, regardless of sex assigned at birth. Demigirl Only partly female, regardless of sex assigned at birth. Demisexual Feels attraction only to those with whom they have a strong emotional bond. Gay Male is primarily sexually or romantically attracted to other males. Genderfluid Gender fluctuates and may differ over time. Gender Identity Deeply felt sense of being female or male, neither, both, or something other than female and male. Does not necessarily correspond to sex assigned at birth. Gender Non-Conforming Does not conform to stereotypical appearances, behaviors, or traits associated with sex assigned at birth. I HUMAN RIGHTS WATCH | DECEMBER 2016 Genderqueer Identifies as neither male nor female, both male and female, or a combination of male and female, and not within the gender binary. Lesbian Female is primarily sexually or romantically attracted to other females. LGBT Lesbian, gay, bisexual, and transgender. Non-Binary Identifies as neither male nor female. Pansexual Sexual or romantic attraction is not restricted by sex assigned at birth, gender, or gender identity. Sexual Orientation Sense of attraction to, or sexual desire for, individuals of the same sex, another sex, both, or neither. Transgender Sex assigned at birth does
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