Student Non-Discrimination Act
H.R. 998 & S. 555
The Problem
Students who are lesbian, gay, bisexual or transgender (LGBT) are subject to pervasive discrimination, including harassment, bullying, intimidation and violence. They have been deprived of equal educational opportunities in schools in every part of our nation. Numerous social science studies demonstrate that discrimination at school has contributed to high rates of absenteeism, dropout, adverse health consequences and academic under achievement among LGBT youth. When left unchecked, such discrimination can lead, and has led to, dangerous situations for young people.
Federal statutory protections address discrimination on the basis of race, color, national origin, sex and disability. Unfortunately, federal civil rights laws do not expressly protect students from discrimination on the basis of sexual orientation or gender identity. Decades of civil rights history shows that civil rights laws are effective in decreasing discrimination because they provide strong federal remedies targeted to specific vulnerable groups.
What is the Student Non-Discrimination Act?
The Student Non-Discrimination Act (SNDA) prohibits public schools from discriminating against any student on the basis of actual or perceived sexual orientation or gender identity. In addition, the SNDA prohibits discrimination against any student because of the actual or perceived sexual orientation or gender identity of a person with whom a student associates or has associated. Further, retaliation is prohibited.
The bill allows an aggrieved individual to assert a violation of these prohibitions in a judicial proceeding. In addition, the SNDA allows federal authorities to address discrimination made unlawful by the bill. The SNDA is modeled after Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1688), which prohibits discrimination on the basis of sex and provides legal recourse to redress such discrimination.
Broad Support
Numerous education, legal, health and civil rights organizations support the SNDA, including the American Association of University Women, the American Federation of Teachers, the American Civil Liberties Union, the Gay, Lesbian & Straight Education Network, the NAACP, the National Association of School Psychologists, the National Association of Secondary School Principals, the National Council of La Raza, the National Education Association, and the National Women’s Law Center.
What is the Current Status of the Bill?
The SNDA was reintroduced in the Senate by Sen. Al Franken (D-MN) and in the House by Rep. Jared Polis (D-CO) on March 10, 2011.
For more information, please contact legislation@hrc.org.