Leaving Our Children Behind: The No Child Left Behind Act of 2001

Abstract

ABSTRACT The No Child Left Behind Act of 2001 (NCLB Act) contains several provisions that affect the treatment of lesbian, gay, bisexual and transgender (LGBT) youth and LGBT issues in America's public schools. School choice and voucher provisions could cause both students and resources to be shifted to private and religious schools that are not subject to inclusive state nondiscrimination and anti-harassment policies. For the first time in three decades, the NCLB Act allows federal funds to be used for the creation of single-sex schools and classrooms, despite research on the mixed impact of sex-segregated schools on gender development and self-esteem. The NCLB Act's focus on standardized testing also leaves no room for LGBT issues in curricula. Internet filtering provisions prevent LGBT youth from accessing critical information, and some filtering software reflects ideological biases. Parental rights provisions, including “no promo homo” language, may interfere with research, anti-homophobia programs, or sex education. Finally, provisions that reinforce the right of the Boy Scouts and the U.S. military to meet in public schools despite their discriminatory policies are legally redundant and send a federally mandated message of intolerance.