Student Discrimination & Bullying

The law is clear in forbidding school officials, teachers, and staff from discriminating against students on the basis of race or national origin, and that includes racist comments.

If you feel that you or another student is being discriminated against or subjected to unfair stereotypes, get advice from a teacher or other trusted adult you think will be sympathetic. Find out if there's a complaint procedure (most schools have written complaint procedures) and follow it. Then consider the actions listed here.

Harassment and attacks on LGBTQ students have gained more attention in recent years. Public schools have a legal obligation to keep all students safe and to prevent bullying or harassment of LGBTQ students (and, in fact, all students) by other students, teachers, and staff.

In 2023, Iowa passed a state law, SF 496, a wide-ranging education bill that has resulted in public school books being banned, LGBTQ students, allies, and educators feeling that they can't discuss LGBTQ issues openly, and a requirement that school officials must report to parents or guardians a student's request for any "accommodation that is intended to affirm the student's gender identity." We are currently fighting this law in court. Read more here.

Regardless, under the First Amendment, LGBTQ students have the same rights of expression as others. Teachers and others cannot restrict your expression of your ideas and beliefs. You can talk openly about your sexual orientation or gender identity, form a club based on sexual orientation or gender identity, and openly take your same-sex date to a public school dance or prom.

However, the reality is that those rights are currently being limited—we believe wrongly and unconstitutionally—by the recent state laws targeting transgender kids, including SF 496.

It's unclear. Iowa state law currently requires students either to use the school restroom that matches the gender on their birth certificate or to use a gender-neutral single-stall restroom.

However, state law cannot trump federal civil rights law, and most courts that have looked at this issue have found that schools violate federal law under Title IX if they bar students from using restrooms that align with their gender identity. However, some other lower courts have found the opposite.

We firmly believe schools violate students’ civil rights when they ban students from using restrooms because they are transgender. Nonetheless, many schools in Iowa are doing so because that is how they interpret the state law, and there isn’t a court decision that answers the question definitively either way.

Iowa law defines harassment and bullying to be something that:

• Causes the student to fear harm to themselves or their property
• Has a "substantially detrimental effect" on the student’s physical or mental health
• Interferes with the student's academic performance
• Interferes with the person's ability to participate or benefit from activities and benefits of the school
• Can also be discrimination, based on a wide variety of characteristics of the person being bullied, including age, color, creed, national origin, race, religion, marital status, sex, sexual orientation (or perceived sexual orientation), gender identity, physical attributes, physical or mental ability or disability, ancestry, political preference, socioeconomic status, or family makeup

And bullying doesn’t have to occur only in person or only at school. Bullying can happen through texts, emails, phone calls, and social media.

If you are being bullied or harassed, discuss it with a parent or trusted adult. Remember that you are not the one who is doing something wrong—the bully/bullies are. Then approach the school. Iowa law requires all schools to protect students from bullies. And all Iowa schools must have an anti-bullying policy. Ask for a copy so you better understand what the school is supposed to do. Then talk to a school official (bringing a parent or friend along for support is a great idea).

Many students think that if they report bullies, the harassment will get worse. You have to consider all the consequences, but very often reporting bullies stops them from pushing you around—and many others. Also, be aware that retaliation is against the rules. 

Iowa Safe Schools was created specifically to fight bullying of all types in Iowa schools. It also lends support and advice to students who are victims of bullying.

If you feel that your Iowa public school has discriminated against you or your student, you have a number of options.

According to Iowa law, public schools and universities may not discriminate based on age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability. (You can read the exact wording in Iowa state law here. For details on how federal law prohibits discrimination of students in Iowa schools, click here.)

There are a number of ways to advocate for fair treatment. Check out a list of things you can do here.  

There are some other options as well: 

• Talk to school officials about it. At the K-12 level, see if you can get a teacher, a principal, a superintendent, or even the school board to acknowledge the problem and assist. At the college level, check with a professor, an administrator, or the university diversity and equity program. As much as possible, you will want to document the conversations and possibly conduct them via email so you have a record. Note that state/public schools may have different obligations under the law than private or religious schools.
• Take action through free speech activities, such as a protest, a petition, a walk-out, or other peaceful means. (See tips here.)
• Contact a lawyer. The Iowan Bar Association has a Find-A-Lawyer page that may be helpful.
• Contact the ACLU of Iowa legal program. Click here to see the types of lawsuits we are likely to take. Click here to contact us.
• File a complaint with the school. Most public schools have a formal equity grievance or complaint process.
• File a complaint with the U.S. Department of Education Office of Civil Rights. Find out more here.
• File a complaint with the Iowa Civil Right Commission. Here's how.
• File a complaint with the Iowa Department of Education.

Be aware that pursuing different courses of action can trigger different legal procedures and possibilities regarding remedies, and that there are deadlines that apply as to when complaints are made. If you have any questions about these, it's best to consult an attorney.

First, we're so sorry that you or someone you care about is being bullied. There are rules and laws in place designed to prevent bullying and you may want to consider using them to stop or lessen the bullying.

Some options:

• If you are being bullied because of your real or perceived gender identity or sexual orientation, check out Iowa Safe Schools and their network.
• If at all possible, talking to a trusted adult about the nature of the bullying. If possible, have that person help you find ways to deal with the bullies and the harm they are doing to yourself or others.
• Consider making a formal complaint to document and possibly stop the bullying. Often, this consists of using a specific written form. Many schools have such forms. The student and/or parent or adult should make a formal complaint using that process, because that process triggers the school's obligations to investigate and address the bullying incident. If you are low income, you may qualify for free legal assistance from Iowa Legal Aid, and we would encourage you to pursue that option. Details here.
• Find out more about Iowa laws that protect students from bullying here.