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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10/21/22 9:26 am

Commenter: Jacqueline Brock

Oppose

I respectfully submit comment in opposition to the proposed 2022

Model Policies on the Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools (the “2022 Model Policies”). These policies are not only in direct violation of state and federal law, but they also deny the rights of students, parents, and school personnel to recognize the inherent dignity and worth of every child. All children have the right to learn in a safe and supportive environment that respects their humanity and upholds their dignity. However, the 2022 Model Policies send a dangerous message that some students do not belong, and in fact, should not exist.

Discovering oneself is an important part of growing up, and every child deserves to have support and guidance as they learn about themselves, their family and friends, and their place in the world.

Studies have consistently shown that policies like those proposed result in more frequent and escalating harassment, discrimination, and physical violence toward trans and nonbinary students.

These policies also lead to significantly higher rates of depression, suicidal ideation, and suicide attempts relative to cisgender students. The consistent misgendering of a student has a profoundly

negative impact on their ability to learn in the classroom.

Contrary to what is recommended in the proposed model policies, consistent use of a student’s affirmed name can reduce suicidal behavior and suicidal ideation. Furthermore, denying trans and nonbinary students from using facilities that match their gender identity increases the prevalence of sexual assault victimization. The evidence is clear – students will experience higher rates of sexual assault, peer victimization, and suicide if policies like these are

adopted in Virginia.

I recognize that sexual and domestic violence is linked to other forms of harm and that supporting equality and respect for ALL people, regardless of sexual orientation, gender identity, or gender expression, is integral to creating a Virginia free from sexual and domestic violence.

The 2022 Model Policies will significantly and irreparably harm Virginia’s students and families and as antiviolence advocates; we firmly oppose their adoption.

CommentID: 191774