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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9/28/22 11:43 am

Commenter: Robert Barrow

2022 Model Policies Are Ignorant, Wrongheaded, And Dangerous

From the outset, the 2022 Model Policies disrespect and de-legitimize trans and nonbinary students' existence and lived experience.

While parents have a legitimate interest in guiding their children's upbringing, it stands to reason that students have the right to advocate for themselves. This applies to cisgender students as well: a student may, for example, ask to be called a specific nickname. ("Actually, I prefer to be called Bob." "I go by Roy." "Actually, I go by B.") A request to be referred to by a specific name does no harm and ought to be respected.

The same goes for pronouns. I have no idea what the policies mean by "prononus, if any". Everyone uses pronouns. If a student feels that it's hurtful to be referred to by a gendered pronoun, that student has the right to request that they be referred to by a different gendered pronoun.

The references to religion in the policies make no sense. Using non-gendered pronouns is not an attack on religious beliefs.

The reference to single-user restroom seems to deny trans/nonbinary students equal access to school facilities.

The reference to "biological sex" indicates a lack of understanding of what really constitutes sex (and gender, for that matter). Like it or not, science indicates that sex is not as clear cut as the Youngkin administration would like it to be. There is a full spectrum of expression of "biological sex." Additionally, school officials are not qualified to determine the biological sex of a student. The model policies essentially ask school officials to violate the privacy of students.

Transgender students are not people whose "gender does not match their sex". There is nothing wrong with transgender students. What's wrong is trying to shoehorn people into modes of expression that are harmful to them.

Transgender students' status and rights should not be tied to whether their parents have filled out the appropriate form.

The heart of the issue with the model policies is that they are dangerous to students. Often students do not feel safe coming out to their parents. Forcing students to live a role in school that does not match their gender experience amplifies the experience of gender/body dysphoria. This can lead to anxiety, depression, self-harm, and poor educational outcomes for students. The Youngkin administration is asking schools to promote bad outcomes for these vulnerable children.

The model policies are clearly written to pander to a conservative base. The fit into a pattern of demonizing/attacking phantoms, bogeymen, and vulnerable people in order to draw attention away from the real issues facing the education system and state government as a whole.

It does no harm to respect trans students. Please draft model policies that are based on respect, not cynicism. If you can't do that, step aside and let someone else govern.

CommentID: 159529