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  10:09 pm
Commenter: Karl Frisch, Fairfax County School Board

We Will Not Abandon Our Transgender Students
 

I am proud of the policies and regulations we have implemented in Fairfax County Public Schools to protect and affirm our LGBTQIA+ students – especially those who are transgender and gender-expansive. Unfortunately, we have not always moved fast enough. Generations of LGBTQIA+ students and staff walked the halls of our buildings before they were treated with respect by our school division. We are not alone in that regard. Thankfully, we have made tremendous progress in recent years.

 

Of course, there will continue to be obstacles on the road to full equality.

 

Governor Youngkin's shameful, dehumanizing, and divisive model policy flies in the face of state law and legal precedent. It tramples the rights and simple human dignity of transgender and gender-expansive students and forces their parents and guardians to jump through legal hoops to have their children respected. It empowers bullies and disenfranchises those who need our support and affirmation.

 

It is hardly surprising that so many students are speaking out in protest. I salute them for standing tall and weathering the attacks we've seen over the past several weeks from online trolls, adult bullies who should know better, and political leaders like Governor Youngkin, who swore an oath to uphold our constitution but do not see LGBTQIA+ people as deserving of the rights and protections it affords.

 

Transgender and gender-expansive young people deserve equal access to quality and inclusive public schools where they are encouraged to show up as their authentic selves. They belong here, and we will not abandon them. Governor Youngkin and his Department of Education should withdraw this model policy and replace it with the previous iteration, which aligned with state law and legal precedent.

 

Included below is a statement issued earlier this month by the Fairfax County School Board:

 

The Fairfax County School Board understands that our LGBTQIA+ students, staff, and families are worried about the impact of Governor Youngkin's proposed model policies for transgender and gender-expansive students. Nearly one in five transgender and non-binary youth attempted suicide in the last year. LGBTQIA+ youth who found their school to be affirming reported lower rates of attempting suicide. It is necessary to ensure our school community is a place where all students can live without fear of prejudice, discrimination, harassment, or violence.

 

 Our policies and regulations will continue supporting our transgender and gender-expansive students, staff, and families. Fairfax County School Board Policy 1450 protects students, educators, and other staff from discrimination based on sexual orientation and gender identity. Fairfax County Public Schools Regulation 2603 relies on robust parent/guardian engagement to help provide transgender and gender-expansive students with protections and supports. We will continue partnering with parents/guardians because their involvement is necessary to student success. Furthermore, our School Board is committed to following the Virginia Human Rights Act, Title IX's prohibition on gender identity discrimination, and the settled law of Grimm v. Gloucester County School Board, 972 F.3d 586 (4th. Cir. 2020), which requires respect for students’ gender identity.

 

Protecting, supporting, and affirming our transgender and gender-expansive students is critical to achieving a safe and respectful learning environment for all students, and providing them with equal access to educational programs, services, and activities. The work to do so in a holistically inclusive way continues, but we know that, from this commitment, we will not waiver.

CommentID: 202361