United States District Court

In 2003, the ACLU of Kentucky, together with the national ACLU’s Lesbian, Gay, Bisexual, Transgender and AIDS Project, represented the Boyd County High School Gay-Straight Alliance (GSA) in a lawsuit challenging the school system’s refusal to allow the GSA to meet; and its failure to provide a safe educational environment for students who either are, or are perceived to be, lesbian, gay, bisexual or transgendered (LGBT).  We settled the case, entering into a consent decree requiring the school board to (1) permit the GSA to meet on the same terms as other student clubs, (2) conduct mandatory anti-harassment training for all middle and high school students, faculty and staff, and (3) pay attorneys’ fees and litigation costs.

When the school board failed to live up to the consent decree’s terms and spirit, we sought further judicial relief.  After extended negotiations, U.S. District Judge David Bunning approved an amended consent decree.  The new settlement document requires the board to conduct an additional year of anti-harassment trainings (through the 2008 school year).  It also requires significant modification of the anti-harassment training video.  Finally, the board must offer multiple training dates, to ensure that students who fail to show for the initial training receive it later, and must require students refusing to attend any video training to submit a paper on the effects of harassment on LGBT students.  Students who refuse to attend the anti-harassment training or complete the written assignment must attend counseling and will suffer additional consequences.