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.
Previous Comment     Next Comment     Back to List of Comments
9/27/22  10:26 am
Commenter: Ezra S., former Virginia Student

STRONGLY OPPOSE: What about rights for our kids?
 

This policy is a disgrace. By forcing children to obtain parental permission to be their true selves this administration gives kids two choices: go back into the closet or be potentially exposed to unsupportive family. Both options will disproportionately harm them. Gov. Youngkin has reiterated time and time again that this is what parents voted for but this is a policy that will first and foremost negatively impact children, who have absolutely no voice in government yet can be legislated and ruled against by that very same government.

Youngkin and his political allies should be ashamed. To use such a tiny and incredibly marginalized population of minors as a political pawn to win the votes of paranoid homophobes who get all their news through QAnon with no regard for their wellbeing is cynical politicking at its worst. With this policy the Youngkin administration has made it clear: kids are merely the property of their parents, and don't even get the choice of self-expression without the input of adults.

As an aside, I find it extremely interesting that Glenn Youngkin feels so empowered in forcing public schools to follow his political agenda when none of his children even attend Virginia public schools. He's using a publicly funded social service as a petri dish for his political experiments while his children remain totally shielded from discriminatory policies like this.

CommentID: 145966