NAVIGATOR
Advocate for LGBTQ+ youth in K-12 schools

Student Nondiscrimination Policies

*Last Updated May 15, 2024

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 go into effect in August 2024. Twenty-six states have brought legal challenges seeking to narrow Title IX’s protections; these challenges currently have no impact on the August 2024 implementation deadline.* Learn more about the Title IX and federal protections for LGBTQI+ youth in K-12 schools: glsen.org/title-ix.

This maps shows that:

  • Three states (California, New York, and Oregon) have issued statewide guidance on implementing Title IX protections for LGBTQI+ youth.
  • 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.
  • Four states (North Dakota, Pennsylvania, Rhode Island, Utah) and the Virgin Islands have state policies that are not laws (including regulations and agency interpretations of existing laws), expressly prohibiting discrimination in schools based on sexual orientation and gender identity.
  • Delaware and the Commonwealth of the Northern Marianas have regulations 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 (MAP) for additional details).
  • Three 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:
  • Twenty-three states, American Samoa, and Guam have no state policies expressly prohibiting discrimination in schools based on sexual orientation and gender identity.
  • Two states (Missouri and South Dakota) have enacted laws prohibiting enumeration of sexual orientation and gender identity in local nondiscrimination policies.

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.