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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9/26/22  10:24 am
Commenter: Survivor of transphobia

Transphobia kills, transphobia maims
 

Less than a decade ago, I was a teenager living in rural northern Virginia. I knew fellow children who were regularly beaten for being LGBT+ while school staff looked the other way. I watched as many LGBT+ teens who didn't have the shield of being popular prior to coming out were discussed casually with slurs around lunch tables in hallways. I had to sit through a conversation with a well respected teacher and writer for the local paper as he described his disgust towards LGBT+ people and how they shouldn't be allowed in the military and don't ask don't tell shouldn't have ended. 

 

I know children who didn't survive. I know people still in the area who cannot safely come out as transgender, and are planning on dying without telling anyone still in my hometown, because they fear severe violence. I myself, left my hometown as soon as I was physically able to, and promptly socially transitioned (with medical transition following shortly afterwards once I could afford it). I do not plan on returning to live there, because I fear severe violence from the community. 

 

This policy encourages for a culture of violent anti-LGBT+ rhetoric to thrive within schools, and by extension the counties and towns these schools serve. It is a joke that it was ever considered as a state policy. Those who back it are fully knowledgeable that this policy is dangerous for students, but will appease the Christo-fascist voters who they want to gain support from. 

 

Children who wish to by a different name, use different pronouns, dress differently, and use restrooms pose no threat to other students. Affirming them does them no harm. Affirming students does not harm the quality of education being received by their peers. 

Children deserve to be safe at school, many do not have safe homes to return to at night. Keep the children of our communities safe!

CommentID: 129454