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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10/26/22 1:32 pm

Commenter: Anonymous

Terminology and Definitions

The 2022 Model Policies define far fewer terms regarding gender identity than the 2021 Model Policies. The 2021 Model Policies defined eleven scientifically-backed and LGBTQ+-inclusive terms surrounding gender identity. The 2022 Model Policies define only two terms regarding gender identity: “sex” and “transgender student.”

Neither of these definitions meet the evidence-based best practices as is required in Va. Code § 22.1-23.3(A). Sex is defined as “biological sex” in the 2022 Model Policies. The 2022 Model Policies also define “transgender student” as “a public school student whose parent has requested in writing, due to their child’s persistent and sincere belief that his or her gender differs with his or her sex, that their child be so identified while at school.” Both these definitions use outdated and scientifically incorrect terminology in defining the trans identity. The 2022 Model Policies’ definitions and terminology cannot meet the evidence-based best practices requirement.

Notably, the 2022 Model Policies define being trans as depending on parents’ recognition instead of the student’s self-identification. They further call being trans the student’s “belief” which reinforces the false narrative that being trans is a choice as opposed to a deeply held knowledge and realization of one’s identity. It further operates on a male/female binary by using the term “his or her” that is demonstrably and scientifically false as it erases the existence of intersex and nonbinary people. This shift in definitions completely strips trans children of the self-determination of their identity in Virginia’s public schools.

This is wrong because it leaves Virginia students open to discrimination. Students in Virginia deserve to be as free of discrimination as they can possibly be, and these policies do not achieve this. Protecting students, for any and all reasons, should be of the utmost priority.

This affects my best friend’s younger brother. He is a transgender student in Virginia living under the roof of a step-parent who would never accept him if his identity was revealed. These policies, in that they place the onus on the parent to grant legitimacy to a student’s identity, will do just that for my friend’s brother and many other students in the state. He could lose housing. He could suffer violence. The mental exhaustion of dealing with teachers who may not respect him could make him perform worse in school or suffer from depression and anxiety.

For these reasons, I ask you to repeal the 2022 Model Policies and reinstate the 2021 Model Policies

CommentID: 198968