Virginia Regulatory Town Hall View Comments

Department of Education

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 10:29 am

Commenter: Gian-Paul Vidal

Protect trans and nonbinary children.

We have the opportunity in this state to be one that is here to support and protect all children, including those that are trans and nonbinary. Sexuality and gender are not a choice. If it were, people would not choose to suffer the bigotry, discrimination, and violence that is brought upon them by those full of hate and misunderstanding. Yes, babies are usually born 1 of 2 sexes, but there are also babies that are born intersex, or have a variation of X and Y chromosomes. Even sex/science is not just black and white.

We also know that many children know at a young age that they are different, as in not cis-heterosexual. However, those children may not know or have the language to express what is different. They also face a lot of pressure to conform, from their parents to their classmates. We know that many children suffer severe depression and anxiety for years or decades because they may not understand what is different about them, or because they fear coming out. Many parents and families are close minded and will shun and shame their children because they are not cis-hetero.

"Religious freedom" does not mean that you can discriminate against other people and force your beliefs on them. The government and public schools should respect everyone, and not base policies on any religious belief. Parents also do not always know what is best. There is a lot of trauma, hate, and shame that comes from parents. How many adults now have to work through their own pain and childhood trauma because their parents did not know any better? How many adults struggle with loving themselves and others because they did not have love at home? Let's be honest, not everyone is meant to be a parent. Not everyone knows how to raise children.

But as a government for ALL Virginians, we can work to ensure we protect our children. We support them in their journeys of self-discovery, and we accept our children as they are. We allow them to express themselves. That is how we empower our youth.

It only takes a few moments to listen to trans stories and to hear how much joy and happiness they feel when they finally accept who they are and express themselves in a way that aligns with their gender or sexuality.

Learning about sex and gender is not "sexualizing" our children. It is educating them. Sexualizing children was when girls were sent home to change out of short shorts or spaghetti straps because it was inappropriate. Inappropriate for who? The boys who still think girls have cooties? Or the adults? Or believing that boys can't control themselves, so we punish the girls and their outfits?

It is not hard to show kindness, especially to children. Let them play on sports. Let them use bathrooms. Use their preferred pronouns. Respect the children. They have rights to be who they want to be. If Republicans are so keen on protecting life, then let's protect those lives. Let's protect them from discrimination and hate and violence. Let's protect them from depression and anxiety. Let's protect them from suicide.

Let's act out of LOVE. Out of ACCEPTANCE.

We can do better. Let's start here in Virginia and show the rest of the country that we can do better.

CommentID: 145986