Know Your Rights: Bathrooms, Students, Title IX

This page aims to ensure LGBTQ+ individuals in Louisiana understand their rights, the implications of state legislation, and their relation to federal protections under Title IX. The document covers the Gender Regulation and Bathroom Law, the Pronoun and Name Regulation Law, the Don’t Say LGBTQ+ Law, and the Sports Ban Against Trans Students, analyzing each law's provisions and their conflict with federal law. Learn more below! 

HB608 — Act 436 from the 2024 Regular Session (Effective Date: August 1, 2024)

How This Law Applies:

• Applies rigid and discriminatory definitions of "sex" across Louisiana state law and agency rules. These definitions focus on reproductive organs at birth.

• Explicitly names that the definitions will apply to:

• Public & Charter School Restrooms, Changing Rooms,  Dormitories, and overnight sleeping quarters during school trips

• Domestic violence shelters

• Adult and Juvenile Correctional facilities

• Though the law explicitly names the above facilities, it could apply to any place that receives public funding, depending on its implementation.

• DOES NOT affect private establishments unless they receive funding from the state, which is not common. 

• Allows single-occupancy restrooms, changing rooms, and sleeping quarters that are NOT designated by sex.

• Exemptions for custodial, maintenance, medical, law enforcement services, natural disasters, declared emergencies, or threats to good order or safety, and young children who need assistance or anyone covered by the federal Americans with Disabilities Act.

Penalties:

• Creates a civil cause of action for those suffering or likely to suffer harm from a violation of this law.

• Remedies include injunctions, protective orders, writ of mandamus or prohibition, declaratory relief, actual damages, attorney fees, and costs. The statute of limitations is 2 years.

Title IX Conflict:

• The new Title IX rule requires schools to allow students to use facilities consistent with their gender identity. HB608's segregation based on biological sex conflicts with this requirement.

HB121 — Act XXX from the 2024 Regular Session (Effective Date: August 1, 2024)

How This Law Applies:

• Prohibits school employees from addressing students by a name/pronoun other than their birth name/pronoun. 

• DOES NOT allow for parents to request the use of their child’s chosen name/pronouns. Though the original bill did allow this, amendments stripped this piece, further restricting parental rights.

• Applies to public and charter schools in Louisiana, excluding higher education institutions. Covers all public school employees, independent contractors, and students.

• Defines "sex" based on the original birth certificate issued “at or near birth.”

• Requires students to use the name given at birth regardless of any legal name change later on.

• Schools cannot adopt policies that ask for pronouns or names other than those on birth certificates.

• Respecting a trans* student’s name/pronouns is never required under this law. This law even protects employees and students from adverse actions for bullying trans/queer kids who ask for their chosen name/pronoun to be respected. 

Penalties:

• Civil actions for “intentional” violations, including injunctive relief, monetary damages, attorney's fees, and other appropriate relief. The statute of limitations is 2 years.

• Requires school districts to adopt policies for the implementation of the law’s language and provide them to employees.

Title IX Conflict:

• The new Title IX rule considers misgendering and deadnaming as forms of sex-based harassment. Schools must protect students from such harassment, making HB121's requirements potentially unlawful under federal law.

HB122 — Act XXX from the 2024 Regular Session (Effective Date: August 1, 2024)

How This Law Applies:

• Prohibits discussions about sexual orientation or gender identity in classroom instruction and extracurricular activities.

• Applies to public elementary and secondary schools. Excludes charter & private schools.

• Censures discussions about personal sexual orientation or gender identity by school employees, even outside school activities.

• Covers teachers, school employees, and any "other presenter" at a public school.

• Requires pre-approval by school authorities for any content discussing LGBTQ+ issues.

• Students MAY seek guidance from teachers or licensed mental health professionals only outside classroom hours and with prior parental consent.

Penalties:

• No penalties are listed in the law.

Legal Conflicts, including Title IX:

• This law could violate the Equal Access Act, Title IX, and First Amendment rights by restricting the formation of LGBTQ+ student groups and restricting discussions about gender identity and sexual orientation, creating a potentially hostile environment.

SB44 — Act 283 from 2022 Regular Session (Effective Date: August 1, 2022)

How This Law Applies:

• Bans trans girls from participating in sports teams that correlate with their gender identity by requiring an athletic team or sporting event sponsored by an elementary, secondary, or postsecondary educational institution to be segregated based on the “biological sex” of team members. 

• This law defines "biological sex" as what is found on the student's official birth certificate, issued at or near the time of the student's birth.

• Allows for co-ed teams with mixed-gender participation to exist.

• DOES NOT apply to any intramural athletic teams or sports

• Any student can participate in any intercollegiate or interscholastic athletic teams or sports designated for boys or that are coed.

• Schools can still form and maintain coed teams as long as they don’t disband the women’s team for the purpose of creating a coed team. 

Penalties and Implications:

• DOES NOT allow for students who are trans femme to sue in state court any school, school board, school coach, school employee, school board member, postsecondary education management board, or postsecondary education board member for following this law. 

• The only people who have a reason to sue according to this law are: 

• Cisgender girls who feel deprived of athletic opportunities or who have suffered or are likely to suffer from any direct or indirect harm as a result of a violation of this law

• Cisgender girls who are subjected to retaliation or other adverse action as a result of reporting a violation of this law.

• Any school officials or board members who suffer any direct or indirect harm for following this law, which prohibits trans girls from participating in a girl’s athletic team or sporting event.

• Remedies include a court-ordered injunction, a protective order, a writ of mandamus or prohibition, or a declaratory judgment to prevent any violation of new law and actual damages suffered, reasonable attorney fees, and costs. The statute of limitations is 2 years.

Title IX Conflict:

• The new proposed Title IX rules would not allow blanket sports bans like these. These rules are expected to be finalized in Late 2024. In the meantime, it is still important to file a Title IX complaint if you believe that your child is being excluded from a school sports program because of their sexual orientation or gender identity.

Overview of Title IX Impact

While Louisiana has joined other states in a lawsuit against the Department of Education to challenge the expanded Title IX protections for LGBTQ+ students, a federal judge has temporarily blocked the rule's implementation in the four states who filed suit, which will delay but is unlikely to prevent its implementation. The new regulations were to go into effect on August 1, 2024. The new Title IX rule clarifies and expands protections for LGBTQ+ individuals in schools. This would make many provisions of Louisiana’s anti-LGBTQ+ laws non-compliant with federal law. These state laws attempt to regulate LGBTQ+ treatment in ways that contradict these federal protections, making it crucial for affected individuals to understand their rights and how to assert them. The new Title IX rule, if implemented, will likely provide strong grounds for challenging these state laws. Learn more about Title IX here. 

Asserting your Title IX Rights

To protect against these state laws, individuals can:

• File a Title IX Complaint:

• Title IX protects against discrimination, but it requires individuals to file complaints to be enforced. Filing a complaint not only addresses personal discrimination but also contributes to a national record, helping policymakers recognize and address widespread issues. Thus, reporting discrimination can significantly impact the lives of other LGBTQ+ parents and children.

• Complaints can be filed with both the school district and the federal government.

• Schools must investigate complaints, provide supportive services, and protect complainants from retaliation.

• You can learn more about filing a Title IX complaint here: https://familyequality.org/resources/know-your-rights-titleix-for-lgbtq-families/ 

• File a Lawsuit:

• Lawsuits can challenge state laws directly, which is often the best option for actually getting a law overturned, but lawsuits are costly and time-consuming.

• State and national advocacy groups play a key role in organizing lawsuits for the teachers, families, and students impacted by these laws and may be able to help find pro bono attorneys who might be willing to pursue these cases for free. 

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

• National Women’s Law Center

• Lambda Legal

• National Center for Lesbian Rights