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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9/27/22 10:13 am

Commenter: Tom S., parent in Virginia Beach

STRONGLY OPPOSE

As a parent of young children and a licensed professional counselor, I am concerned that these proposed changes will cause significant forseeable harm to not only transgender youth, but also the Commonwealth's ability to educate children in general. This political posturing does nothing but distract parents, students, and educators from the real work of providing an education for our children, which requires us all to work together. The Commonwealth has a responsibility to provide a quality education to all students, and if individual parents wish to raise their children in an environment that is not inclusive of all students, then they always have the right to send their children to private school or homeschool them. These proposed changes will prevent students from being able to learn and educators from being able to educate.

If the 2022 Model Policies document is approved, research indicates that there will be a resultant increase in youth suicide, youth mental health issues, worsening truancy and graduation rates, lower standardized test scores, and increased costs for schools due to higher educator turnover (burnout and brain drain) and legal expenses for violating federal privacy laws. Why would anyone support policies that will predictably lead to these outcomes?

This policy is bad for everyone. Parents already have rights concerning their children's education. Students need to be protected from the very real dangers this policy would create. Reject the 2022 Model Policies and retain the 2021 Model Policies.

CommentID: 145840