Discrimination against LGBTQ people is illegal. Courts have increasingly recognized the rights of students who identify as gay or transgender, as well as students who are nonbinary or gender-nonconforming (sometimes referred to as “gender-expansive”). Students who are LGBTQ or gender-expansive have the same rights as other students, and schools are required to intervene and correct policies or practices that discriminate against students based on sexual orientation or gender identity or expression.

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The Eastern Lancaster County (Elanco) School District in early 2019 took the positive step of permitting transgender students to use the facilities with which they identify. The Education Law Center wrote an open letter of support explaining that the district has legal obligations to affirm transgender and gender-nonconforming (TGNC) students. The letter also explained that welcoming, inclusive school climates enable TGNC students to thrive in their educational environments, whereas hostile and negative school climates are associated with severe educational and health consequences. Read our open letter.

Lancaster Online’s editorial board wrote an editorial in support of Elanco’s affirming practices. Unfortunately, soon after, the Elanco school board backed away from the district’s positive position.

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