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  11:49 am
Commenter: Anonymous

Regarding the necessity of privacy for students
 

I am an attorney. I have been working in family, juvenile, and criminal law for over ten years. I am fortunate to have many LGBT friends in my life. I strongly oppose the draft policy. I urge the VDOE to reject it.

It is an unfortunate fact that much of the worst abuse suffered by minor children occurs in their own homes. Statistically, parents and other relatives are the biggest danger. It is vitally important that children have access to trusted, uninvolved adults, who are only interested in the best interests of the children. Those adults are very often the teachers and other staff members at public schools.

Many children who are exploring LGBT identities may be subject to severe abuse at home, depending on the attitudes of their parents. Just as importantly, many of them may ALREADY be subject to severe abuse at home, based on a perception of LGBT traits by their parents, whether accurate or not. I think most of you are old enough to have known some boy or another whose father decided he was a "sissy" (or even worse language) and decided to beat it out of him.

Under the draft policy, a child who was subject to abuse at home because of their perceived gender nonconformity, who went to their teacher with this issue, might have that conversation routed straight back to their parents. This would, obviously, subject them to severe abuse or other punishment. It would dissuade other children from reporting other kinds of abuse, if they saw how their fellow students were "outed."

We cannot encourage children to seek safety from those adults they trust, and then betray that trust by alerting their abusers, or potential abusers.

CommentID: 191977