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 9:55 pm

Commenter: Ericka

For the safety of all the children, I oppose these policies.

Whether biological or not, parents aren’t always a safe place for their children. Trans/non-binary/queer students deserve safety outside of their homes. Sometimes, that can be found in schools staffed with teachers and counselors who are educated on LGBTQIA+ topics and who have a basic understanding of mental health. Schools are formative in the lives of children regardless of their sexual orientation, gender identification or lack there of, and social or financial status’.

As the adults, we must look out for the children who can struggle to standup to their bullies which can sometimes be found at home. If we want to create a successful education system we must be concerned with the children’s safety. A step towards this can be done by providing continued education to bigot parents who can be hurtful to their own family members. This proposed 2022 model policy would only hurt children and the parent dynamic as it does not encourage healthy communication within a household. It’s a violation of the children's privacy. Before anyone contests, yes children are entitled to their privacy from parents even though they’re minors they are still human with inalienable rights.

CommentID: 202264