TCHI5600_Serving LGBTQ Students
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University of Phoenix *
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5600
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Law
Date
Feb 20, 2024
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docx
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Uploaded by Bobbie1975
TCHI5600: Serving LGBTQ Students Assignment
Bobbie Ann Hanohano
February 12
th
, 2023
Write a position paper that outlines:
The legal position in your state, as applicable federal requirements.
Whether or not you agree
If you do agree with the current legal status of LGBTQ students in your state, how will you defend
it? What challenges (legal or otherwise) might you foresee?
If you do not agree with the current legal status of LGBTQ students in your state, how will you comply with the laws in a way that respects the laws and creates a supportive learning environment without compromising your conscience.
The State of Hawaii’s anti-bullying law prohibits bullying based on race, color, national, origin, sex, gender identity and expression, religion, physical and mental disability, sexual orientation, physical appearance and characteristics and socio-economic status. The law also explicitly includes cyberbullying and harassment and applies to all public elementary schools and secondary school premises. The protections that have been set in place for LGBTQ students can been seen in Title IX of the Education Amendment where it states. “a person in the United States shall, on the basis of sex, be excluded from participating in, be denied, the benefits or, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. 1681(a). However, the U.S. federal law does not explicitly include protections against discrimination based on sexual orientation or gender identity. After reading several articles and information regarding the same-sex and LGBTQ issues that are out there, the laws that were created are specifically to protect students and teachers within the school system, and it does not warrant the same protections outside of that system unless it can be proven using other federal laws and statutes. In July 2018, the Hawaii Legislature passed a bill, which was then signed into law by the Governor, to provide further protections for LGBTQ students under Title IX. The law ensures students are not denied access to programs or extracurricular activities because of their sexual orientation or gender identity.
This law went into effect on January 1
st
, 2019. There has been a large amount of effort towards the rights
of the LGBTQ community. Hawaii was one of six states to approve same sex marriage, when the Hawaii State Legislature passed the Hawaii Marriage Equality Act legalizing same-sex marriage on October 28
th
, 2013. This was the turning point for other LGBTQ issues and laws to change. I am a strong Christian, and although I personally do not agree that these genders or sexual preferences should even be acknowledged, I have learned to keep my religion out of my classroom and concentrate on delivering the curriculum to my students is my number one task. I will not put myself in a
position where I would have to defend myself or the current laws that were decided by State Government Officials. It is sad that in today’s world, we need such laws to protect students “who are different.” The laws that have been created are just and necessary to protect the well-being of our students, and as an educator I must do “what is right” even if I have my own personal opinions and beliefs regarding the matter. The learning environment and culture that I have created for my students is one that is caring, understanding, non-judgmental, and a safe place for them to come. However, I also believe that the State of Hawaii is indirectly adding to the mental health issues of these students, although they are no longer set aside, they are given accommodations that other students or families may see as preferred treatment which will cause more issues in schools and within the community that they bargained for.
Over the years that I have taught in the classroom, I have taught many students who have identified as gay, lesbian, or preferred to be called by a different name than what is on the rooster. Yet, that has never swayed me to treat any of my students different. If they need to be comforted because of an issue that is based around this subject, I will acknowledge it and let them know I care, and then I will send them to the counselor’s office or behavior specialist office where they can get the more in-depth support
that I may not be able to give them. Even with this being a touchy topic for me, I try my best to be non-
judgmental and focus on what my main task on the daily basis is, and that is to ensure that each of my students receive quality instruction regardless of where they stand where it regards LGBTQ.
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