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 4:06 pm

Commenter: concerned Parent

Children will suffer because of this

As a parent with a child in the FCPS system I am deeply troubled by this proposal.

You state

"The United States Constitution, Fourteenth Amendment, provides that parents have a fundamental right to direct the upbringing and education of their children, as the U.S. Supreme Court has repeatedly explained. See Troxel v. Granville, 530 U.S. 57, 65 (2000) (this right is “perhaps the oldest of the fundamental liberty interests recognized by this Court.”); Wisconsin v. Yoder, 406 U.S. 205, 232 (1972) (“This primary role of the parents in the upbringing of their children is now established beyond debate”); Pierce v. Society of Sisters, 268 U.S. 510, 534-35 (1925) (the state may not interfere with “the liberty of parents and guardians to direct the upbringing and education of children under their control.”)"
This idea that parents know best is not always true. while there are a good number of parents who love, encourage, and nurture their children, there are a large number who do not.
There are a lot of parents who will think that this new model is great, they will be able to have complete insight into their child's life. However there are a lot who won't even care because they don't care about their children. It is the children with neglectful, abusive, and frankly evil parents that will suffer.
This idea that children can not confide in school counselors, teachers, coaches is absolutely absurd. You say that it's because of transgender policies but what about all the other things children need to tell school officials about. When I was growing up my parents were on drugs and never around, they hid my college applications, and purposely tried to keep me from attending higher education. If I had not had teachers, counselors and school admins who were there to help me, who knows were I might be. They let me use the school address for my college applications, they let me stay after school to study and gave me rides home, they helped me get to my SAT test. If they had been forced to tell my parents everything then where would I be, what would have happened to me?
What if these polices were in place then, what if I didn't have teaches and school staff help me? I would be no where, I might be dead; teachers and school officials are the reason I was able to thrive, the reason I am able to take the time to fill this out.
If you allow this model to go forward you will be dooming some children to a life that they cannot control, the vocal minority of parents who support this more than likely did not suffer through the same things myself and others like me have. This plan does not take into encounter the most vulnerable children, you will leave so many children helpless, lost, and needing support. Do not move forward with this.

CommentID: 148419