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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10/26/22  1:20 pm
Commenter: IF

Vehemently Opposed: Forcing teachers to out students puts everyone in danger
 

I am an agender voter from Arlington County who attended Virginia Public School in the 90's-00's. As a person that only felt safe and confident enough to explore my gender identity and come out as nonbinary in my thirties, I can attest to the deep and lasting harm that a hostile  stigmatization and queerphobia inflicts upon children, specifically within the Virginia Educational System. If I had access to inclusive education around gender and supportive teachers growing up rather than a hostile and thinly veiled religious learning environment, I can only imagine how much happier and healthier my childhood and early adulthood would have been. 

Our schools need to be havens of acceptance, and nurturing for all students, not a sites of fear, threat, and discrimination. Research shows that having at least one accepting adult available can reduce the risk of suicide attempt among LGBTQ+ young people by 40 percent. Forcing teachers to involve parents when addressing gender identity in school will put already vulnerable kids at risk on both a psychological and physical level, especially if their teacher is their only safe space. Creating a classroom culture where exploration and growth is punished and restricted by these discriminatory and harmful requirements is antithetical to the mission of our schools: healthy learning and growth for all learners and educators.

We must protect the rights and lives of all of our students. This policy will threaten and degrade them. For these reasons and so many others, I oppose this legislation in the strongest possible terms. 

CommentID: 198927