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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10/26/22  1:11 pm
Commenter: Erin mclaughlin

Some of these policies are illegal
 

Virginia Supreme Court has already determined transgender students have a right to the bathroom that matches their identity regardless of whether a parent approves or contacts the school. 

Educators and Administrators are required by law to protect students from physical, emotional abuse. Students who inform the school about abuse or the potential for abuse are required to act in the child’s best interest. As a result, transgender students that fear for their safety at home can not communicate their identity status to the home. Schools are not actually transitioning children thus their actions in communicating and providing support is not illegal and not providing such services would go against the statutes already highlighted here. Students who say they fear for their safety should not be outted to their parents. 

Furthermore, bathrooms are no different than locker rooms thus trying to redefine the space is not within good faith of the Virginia Supreme Court decision.   
there is no reason to allow for one and not the other.

as for sports transgender students are again equally protected as females under the law of title IV  to prevent a transgender student from participating in the program that matches their identity; the school is endangering that students both physically and mentally. To place a transgender girl on a boy’s sports team endangers their safety during the action of the sport and opens the transgender students for outting which further endangers their safety. Additionally, there is no scientific proof that transgender female middle and high school students have any physical advantages over other girls.  Without such proof, this portion of the statue is illegal and defies title IV.

 

Finally, a teacher has no more rights than a student in school. A teacher does not have the right to violate a student’s privacy and/  or religious beliefs of  transgender identity. This recognition of the right to religious freedom by being without religion has been upheld in the Federal Supreme Court numerous times. Tthe Supreme Court decisions that not having a religion is in itself a religion and a protected religious right. This one believing that transgender identify does not go against their religion is protected. 
In addition  the student must be protected under title IV. Put together the school is required to put the student’s best interest and rights ahead of a teacher who can simply change jobs if they disagree with a policy  students do not have that freedom  teacher may not put students and disregard their identity for any reason  

 

The totality of this policy is moot and inconsistent with current laws and statutes. This policy can not and should not be implemented. 

 

CommentID: 198887