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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10/21/22  11:31 am
Commenter: Anonymous

Oppose
 

I am a transgender woman who graduated from high school in the state of Virginia. My high school was located in a highly conservative area, which frequently seems unable to be accepting of any identity that resides out of the binary or what is deemed “typical.” Although I attended high school in such a traditionalist part of Virginia: I never truly felt as if I was actively being discriminated against as there was no policy intact, such as the recently proposed policies, that would have directly put me further into harms way. I’m here to let you know that all transgender and non-binary students want to do is be treated with dignity, respect, and most importantly equality. Transgender and non-binary students already face a level of discrimination unlike their cisgender and binary classmates. This topic is often considered taboo (especially within the rural communities of Virginia and places alike), but I’m here to say that needs to change. Transgender and non-binary students do not need to be “outed” to their family as this in itself can lead to things much worse such as abandonment and abuse, even. A gender variant persons identity is theirs and theirs alone, so giving prejudice teachers the ability to “out” their students is highly inappropriate and very dangerous. Also, not allowing transgender and non-binary individuals to use the restroom that aligns with their gender identity is absurd! For a lack of better words - everyone uses the bathroom. We all need to dispose of our excrements and forcing trans and non-binary students to use a bathroom they don’t feel comfortable doing will not only further endanger them, but it may prevent them from using the restroom entirely: which is not healthy either. Finally, the least teachers and staff can do to assure that trans and non-binary students are included, welcomed, respected, and safe is to use their preferred name and pronouns. Imagine if someone were to call you by a name you didn’t like or if they used incorrect pronouns! You would simply correct them and move along, so trans students should also have the right to use their preferred name and pronouns even if it isn’t what’s reflected on their official documents inside or out of school. I directly oppose the proposed policy and I hope that we can strive to create a happy and healthy school environment for not only transgender and non-binary students, but all.

CommentID: 191915