ABOUT THIS MAP
State nondiscrimination policies that expressly prohibit discrimination on the basis of sexual orientation and gender identity in educational programs (including K-12 schools) set a standard for equal educational opportunity. Federal nondiscrimination protections apply to all federally funded schools, including all public schools and many private K-12 schools, regardless of the state. In April 2024, the U.S. Department of Education updated Title IX regulations to clarify protections on the basis of sexual orientation, gender identity, sex stereotypes, sex characteristics (including intersex traits), and pregnancy and related conditions. The updated regulations went into effect in August 2024, however, twenty-six states that brought legal challenges seeking to narrow Title IX’s protections are currently exempted from implementation.* Learn more about the Title IX and federal protections for LGBTQI+ youth in K-12 schools: glsen.org/title-ix.

This maps shows that:

• Twenty states, the District of Columbia, and Puerto Rico have enacted laws expressly prohibiting discrimination in schools based on sexual orientation and gender identity. Wisconsin has a law that only prohibits discrimination in schools based on sexual orientation. At least three states (California, New York, and Oregon) have issued statewide guidance on implementing Title IX protections for LGBTQI+ youth.
• Three states (Pennsylvania, Rhode Island, Utah) have regulations that expressly prohibit discrimination in schools based on sexual orientation and gender identity
• One state and one territory interpret existing laws to prohibit discrimination based on sexual orientation or gender identity:
  • In North Dakota, the state’s Human Rights Act has been interpreted to apply so that complaints of discrimination based on sexual orientation or gender identity may be submitted.
  • In U.S. Virgin Islands, the Attorney General has issued guidance that includes specific guidance on equal educational opportunity for transgender students.
• Two states (Delaware and Wisconsin) have laws expressly prohibiting discrimination in schools based on sexual orientation only, however, in Delaware, schools may be covered under a state law prohibiting discrimination based on sexual orientation and gender identity in public accommodations (see Movement Advancement Project for additional details).
• One territory (the Northern Marianas Islands) has a regulation expressly prohibiting discrimination in schools based on sexual orientation only.
• Four states that expressly prohibit discrimination in schools based on sexual orientation and gender identity have nonetheless passed laws or adopted policies that require or encourage discrimination based on gender identity:
  • Iowa has enacted laws that bar participation in school sports and access to school facilities consistent with gender identity, censor curriculum on LGBTQI+ people and topics, and increase the risk of outing transgender and nonbinary students.
  • New Hampshire has enacted laws that bar participation in school sports and restrict access to LGBTQI+ inclusive instruction.
  • North Dakota enacted laws that bar participation in school sports and access to school facilities consistent with gender identity, and encourage forcibly out transgender and nonbinary studentsto a parent or guardian.
  • Virginia’s Department of Education rescinded previously affirming model guidance on transgender students and promulgated new (2023) model guidance including forced outing of transgender and nonbinary students and denying access to educational programming and activities consistent with gender identity.
• Twenty-two states, American Samoa, and Guam have no state policies expressly prohibiting discrimination in schools based on sexual orientation and gender identity. These states do not have policies restricting the adoption of local policies that expressly prohibit discrimination in schools based on sexual orientation and gender identity.

As noted on GLSEN’s Enumerated Anti-Bullying and Harassment map, two states (Missouri and South Dakota) have laws prohibiting enumeration of sexual orientation and gender identity in local anti-bullying policies. This may discourage enumeration in local nondiscrimination policies, particularly where school boards have adopted one policy that addresses nondiscrimination, harassment, and bullying.

Source: Analysis of state policy data by GLSEN, supported by state policy data collected and analyzed by MAP. We continue to assess and categorize states on this map based on updates to state laws and regulations. If you see a state on this map that needs an update, please email policy@glsen.org.

* The following states have brought legal challenges seeking to narrow Title IX’s protections: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Virginia, Utah, West Virginia, and Wyoming.