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.

Previous Comment Next Comment Back to List of Comments

10/26/22 1:32 pm

Commenter: Elizabeth Fogarty

oppose 2022 policy; support 2021 policy

I strongly oppose this new draft policy that seeks to replace 2021 model policies on the treatment of transgender and non-binary youth. The 2021 guidance was sensible and positive, assisting education agencies to adopt comprehensive policies to create inclusive affirming learning environments that protect students from discrimination, bullying and harassment in schools.

Public schools should be safe, welcoming, and inclusive. Every child in Virginia deserves access to a safe place to learn and the suggested 2022 policy changes will increase the risk that transgender children will no longer feel supported in the school environment.

I am particularly concerned about the removal of protections against bullying, harassment, and discrimination based on sexual orientation and gender identity. In removing these protections, the Virginia Department of Education is effectively endorsing bullying, harassment, and discrimination based on sexual orientation and gender identity.

All students will feel less safe, and therefore less able to learn, in an environment where certain groups of students are set aside for targeted bullying by other students, staff, and parents. Under this guidance, public schools will be teaching that bullying is acceptable, allowed, and encouraged. Under this guidance, public schools will be teaching bullying -- which should not be in the lesson plan of any school system.

As a parent and grandparent, I want our Virginia public schools to be welcoming for all students and staff, including those who are transgender and non-binary. The 2021 model policies offer excellent guidance toward that goal. Let's stick with the 2021 guidance and treat all students with respect.

CommentID: 198971