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 10:28 pm

Commenter: Elizabeth Clements

Strongly Oppose Harmful 2022 Model Policies on the Privacy, Dignity, and Respect for All Students

I am a proud multi-generation product of Virginia public schools, choosing to raise my children in the Commonwealth with the hopes that they will get to experience the same excellent educational opportunities and exposure to diverse and inclusive learning environments.

I, Elizabeth Clements, respectfully submit my comment in opposition to the proposed 2022 Model Policies on the Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools. These policies are not only in direct violation of state and federal law, but they also deny the rights of students, parents, and school personnel to recognize the inherent dignity and worth of every child.

All children have the right to learn in a safe and supportive environment that respects their humanity and upholds their dignity. However, the 2022 Model Policies send a dangerous message that some students do not belong, and in fact, should not exist.

Evidence-based studies from leading scientific and medical experts in the fields of pediatric and adolescent medicine and psychology have consistently shown that policies like those proposed result in more frequent and escalating harassment, discrimination, and physical violence toward trans and nonbinary students. These policies also lead to significantly higher rates of depression, suicidal ideation, and suicide attempts relative to cisgender students. The consistent misgendering of a student has a profoundly negative impact on their ability to learn in the classroom. Contrary to what is recommended in the proposed model policies, consistent use of a student’s affirmed name can reduce suicidal behavior and suicidal ideation. Denying trans and nonbinary students from using facilities that match their gender identity increases the prevalence of sexual assault victimization The evidence is clear – students will experience higher rates of sexual assault, peer victimization, and suicide if policies like these are adopted in Virginia.

The academic achievement of transgender and nonbinary youth quite literally depends on access to affirming spaces. It is imperative that these environments are supportive of their identities and responsive to their needs. Access to a quality education is impossible if we do not first ensure that the safety and humanity of all students is valued and preserved.

I recognize that supporting equality and respect for ALL people, regardless of sexual orientation, gender identity, or gender expression, is integral to creating a Virginia where each and every student can thrive and reach their full potential.

As a mother and parent of school-aged children, I implore you to understand how significantly and irreparably these policies will harm Virginia’s students and families and I firmly oppose their adoption.

CommentID: 202506