Virginia Regulatory Town Hall
Agency
Department of Education
 
Board
State Board of Education
 
Guidance Document Change: Every day, throughout the Commonwealth of Virginia, educators and school leaders work to ensure that all students have an opportunity to receive a high-quality education. As a part of that work, educators strive to meet the individual needs of all students entrusted to their care, and teachers work to create educational environments where all students thrive. The Virginia Department of Education (the “Department”) recognizes that each child is a unique individual with distinctive abilities and characteristics that should be valued and respected. All students have the right to attend school in an environment free from discrimination, harassment, or bullying. The Department supports efforts to protect and encourage respect for all students. Thus, we have a collective responsibility to address topics such as the treatment of transgender students with necessary compassion and respect for all students. The Department also fully acknowledges the rights of parents to exercise their fundamental rights granted by the Fourteenth Amendment of the U.S. Constitution to direct the care, upbringing, and education of their children. The Code of Virginia reaffirms the rights of parents to determine how their children will be raised and educated. Empowering parents is not only a fundamental right, but it is essential to improving outcomes for all children in Virginia. The Department is mindful of constitutional protections that prohibit governmental entities from requiring individuals to adhere to or adopt a particular ideological belief. The First Amendment of the U.S. Constitution guarantees religious freedom and prohibits the government from compelling speech that is contrary to an individual’s personal or religious beliefs. The Department embarked on a thorough review of the Model Policies Guidance adopted on March 4, 2021 (the “2021 Model Policies”). The 2021 Model Policies promoted a specific viewpoint aimed at achieving cultural and social transformation in schools. The 2021 Model Policies also disregarded the rights of parents and ignored other legal and constitutional principles that significantly impact how schools educate students, including transgender students. With the publication of these 2022 Model Policies (the “2022 Model Policies”), the Department hereby withdraws the 2021 Model Policies, which shall have no further force and effect. The Department issues the 2022 Model Policies to provide clear, accurate, and useful guidance to Virginia school boards that align with statutory provisions governing the Model Policies. See Code of Virginia, § 22.1-23.3 (the “Act”). Significantly, the 2022 Model Policies also consider over 9,000 comments submitted to the Department during the public comment period for the 2021 Model Policies.
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9/27/22  10:18 am
Commenter: Jennifer Malush

STRONGLY OPPOSE
 

Contrary to the thinly veiled rhetoric used to justify these policies, this strips away parents' rights by requiring the state to get involved in order to make it "legal" for parents to request schools to simply use their child's preferred pronouns. Parents will have to jump through bureaucratic obstacles in order to make such a simple and harmless request. Furthermore, children will be forced to make FULL LEGAL COMMITMENTS to changing their identity rather than being allowed the space to experiment with something as simple and inconsequential as pronouns and designations. Shouldn't children be encouraged to take their time when figuring out their identities, rather than be pressured to go all in? Requesting your peers to use a different name or pronoun for you is simple and reversible; going through legal requirements that, depending on local laws, can require hormone replacement therapy and legally documented name changes in order to be "recognized" as a different gender is much more complicated and harder to reverse. This could see an increase in children who just wanted to experiment regretting their choices and being forced to de-transition later in life, which comes with a host of trauma. The biggest threat to the safety and livelihood of a transgender youth actually comes from the home and family. Indeed, for many students, school can offer the one place they can feel safe, whether it means providing meals they lack at home or providing emotional support they lack at home. By forcing kids to come out to their parents or else stifle and silence themselves in misery, this puts children in abusive homes at more risk for homelessness and violence. At best, the full repercussions of this were not considered; at worst, this is a bigoted and deliberate attempt to stifle and snuff out trans people by gradually rolling back their rights inch by inch. Regardless, this move is completely authoritarian and to label it as expanding parents' freedom from government oversight is disingenuous; we will not be fooled.

CommentID: 145878