Virginia Regulatory Town Hall
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  11:20 pm
Commenter: Lisa

What Would the Constitution Do

Governor Youngkin has consistently stood up for parents and children.  Parents and caretakers should not be kept in the dark about their children, especially something as important as their child's mental health and behavior at school.  Revising this policy is not necessary as current policies already address what a school can and should do if a child is in danger.

Woke school administrators, teachers, and non-parents are violently injecting themselves into the decision-making of parents.  It is not the school's role to determine if a student can hide their behavior from their parents.  VA Code Section 1-240.1 states, "A parent has a fundamental right to make decisions concerning the upbringing, education, and care of the parent's child."  There's no loophole that allows wokesters and bureaucrats to interfere with a parent's bond with their child.  It's a parent's responsibility.  How can a school circumvent the 14th Amendment?  Is it acceptable for schools to quash U.S. Supreme Court decisions that hold the relationship of a parent and child sacrosanct?

The government does not have the authority to deprive parents of their Constitutional rights, natural rights.  The presumption is that always parents should be involved.  If there are serious concerns about a parent’s fitness, then there already is a process in place to protect children when it is necessary. The existing processes should be followed, rather than excluding parents as proposed by leftists.    

I support the 2022 Model Policies on Privacy, Dignity, and Respect for All Students and Parents in Virginia's Public Schools.  There is no compromise on this issue.    




CommentID: 202791