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ERIC Number: ED504638
Record Type: Non-Journal
Publication Date: 2007
Pages: 123
Abstractor: As Provided
Reference Count: N/A
ISBN: 1-5653-4131-7
Sexual Orientation, Public Schools, and the Law
Fossey, Richard; DeMitchell, Todd A.; Eckes, Suzanne
Education Law Association
Schools are experiencing an increased level of litigation about issues pertaining to sexual orientation. This monograph provides educators and attorneys with a comprehensive analysis of this litigation along with practical tips for avoiding lawsuits in this sensitive area. The monograph consists of six chapters and addresses the following topics: legal rights of gay and lesbian students to be free from harassment and discrimination; litigation involving gay student groups and the Equal Access Act, the free speech rights of anti-gay students to express hostility toward homosexuality, and lawsuits challenging school programs that address sexual orientation. The concluding chapter provides helpful tips for addressing sexual orientation in the school environment while avoiding litigation. Chapter titles include: (1) Gay and Lesbian Students in the Schools: A Vulnerable Population; (2) The Legal Rights of Gay and Lesbian Students to be Free of Harassment While in School; (3) Gay and Lesbian Student Groups: Their Right to Recognition under the Equal Access Act; (4) Gay Rights and the First Amendment: Do Pro-Gay and Anti-Gay Speakers Have a Constitutional Right to Express Their Views in Public Schools?; (5) Curriculum and Programmatic Issues Pertaining to Sexual Orientation; and (6) Conclusion: Practical Tips for Avoiding Litigation. A Table of Cases is included.
Education Law Association. 300 College Park Avenue, A202 Chaminade Arcade, Dayton, OH 45469-0528. Tel: 937-229-3589; Fax: 937-229-3845; e-mail:; Web site:
Publication Type: Books; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: Education Law Association, Dayton, OH.
Identifiers - Laws, Policies, & Programs: Equal Access Act 1984; First Amendment