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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10/26/22 9:57 pm

Commenter: Anonymous

Resources and Safe Spaces

Page 2-3 - If schools always defer to parents’ judgement millions of children will lack protection from sexual abuse, incest, and physical abuse. I experienced over 15 years of sexual abuse by my parent; I was the child victim of “the parent is always right” belief when schools don’t intervene. Schools have an opportunity to protect children and it is VERY important children know that “parents are not always right” and that school is a potential space to find safety and help if needed.

Page 2-3 - Doctors and therapists do not inform parents of every conversation with a child, they are asked to leave the room for sensitive exams and conversations. In much the same way, a school should NOT be sharing sensitive information released by the student to another adult professional. If a student is in danger at home, they need another place and person to talk to.

Page 2-3 - To serve the needs of all students one needs to accept all students, the 2022 Model does not support or encourage acceptance, but rather tries to conform everyone into one definition and two sexes. The needs of students goes beyond “sex” it includes but is not limited to learning styles, learning disabilities, cognitive differences, and language differences, none of which are mentioned in this model policy.

Page 4 - I support the definitions from the 2021 Model Policy to better support “all” students.

Page 5 - I disagree. 2022 does not include the 2021 policy comments, therefore it is not inclusive.

Page 9 - Nothing in the 2022 Model addresses or gives guidance to the reason a student may be feeling suicidal. To provide dignity and respect to our students, we need to address why someone is feeling unsafe or unsupported. The 2021 Model informs the public and education professional of possible reasons why a student may be feeling suicidal and offers next steps.

Page 10 - We give students different environments to learn (such as labs, gyms, libraries, ramps, even chair options to meet their needs). The proposed restroom policy singles out non-conforming students and denies them an environment to not only learn (gym prep) but for a basic human biological function.

Resources – If the 2021 Model policy does not include the 2022 model resources, then update the 2021 version to include them.

Sample Policy - By forcing educational personnel to follow school records vs a student’s preference, you are no longer supporting or treating “all” students with respect and dignity.

I strongly oppose the 2022 Model Policy, and I support the current 2021 Model Policy.

CommentID: 202281