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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9/29/22 11:27 am

Commenter: Anonymous

Call it what it is, a hate bill

This bill is dangerous and vile. Every human being deserves more respect than this bill provides to the youth of VA. I grew up in VA and I knew I was not born in the right body fairly early in life. I didn’t have a word for it but it didn’t make the feeling disappear. I denied myself my authentic self for many years due to the closed mindedness around me in that area and state. Statistics don’t lie. Trans youth that are not accepted, have a much higher chance of suicide. Why wouldn’t you want your child alive and happy? Even if meant you had to change the way you see your child and instead see them for who they say they are. I know I’d rather have an alive child with a different name and pronoun. As far as bathroom use goes, trans people are more afraid of cis people and their hatred, than cis are of us. Most of the time you use the restroom or have passed a trans person and didn’t even realize it. It’s time to show love and compassion for everyone. Teachers should never have to get permission to call a child what they ask to be called. Teachers are able to report abuse. They are able to be seen as professionals that make good decisions. Many times school is where a child escapes and feels some sense of security. We don’t know what is going on in many kids lives. Again, statistics. These teachers need to be able to respect all their students. I stand with the ones that walked out of their classrooms across the state. I’m proud of them. They will be the future leaders we need. Instead of just sheep following the herd. Please consider the lives at stake with this bill. You’ve got a chance to save lives and to not destroy the small bits of peace trans youth get during their coming out.

CommentID: 180416