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  10:29 pm
Commenter: Arlington Mental Health & Disability Alliance

Arlington Mental Health & Disability Alliance Opposes 2022 Model Policies
 

Arlington Mental Health & Disability Alliance (AMH&DA) cares deeply about the children of Virginia and their families. Our mission is to advocate for county, regional and state services that foster dignity, choice, recovery, and the highest possible level of participation in work, relationships, and all aspects of community life for individuals with mental illness and developmental disabilities, Our focus is on maximizing self-determination and dignity.

We are very concerned about the mental health crisis among children and adolescents and we fear the proposed "2022 Model Policies on the Privacy, Dignity, and Respect for All Students and Parents in Virginia's Public Schools" (Model Policies) will worsen this mental health crisis. Therefore, AMH&DA opposes the Model Policies along with other mental health organizations like NAMI-Northern Virginia.

We are strongly supportive of efforts to protect and respect all students, and to ensure schools are free from discrimination, harassment, and bullying. But safe and respectful school environments are fostered when students and staff use the desired name, nickname and pronouns of students.

Gender fluid and transgender students are a small percentage of the youth population but are at disproportionately high risk of depression, self-harm, and suicide. Gender fluid and transgender children are also at high risk of homelessness. Therefore, to promote the safety of gender fluid and transgender children and enhance the safety of the school environment, counseling should be available without parental consent, including discussion of sexuality and gender identity, on the same basis as it is for students on all other topics as needed to promote a productive learning environment (per 8VAC20-620-10).

If the student feels safe involving their parents in a discussion of gender identity, by all means the school should involve them. But if the student does not feel physically or emotionally safe doing so, they should still be provided short-term counseling as needed to support positive mental health and educational outcomes. Not all parents are comfortable discussing issues related to gender or sexuality. Gender fluid and transgender children will be at greater risk of physical and emotional abuse, and even homelessness, if parents must provide consent before counseling on these topics can occur.  They will be at elevated risk of depression and self-harm if, without parental consent, the school refuses to provide counseling.

These data points make clear the need for policies that promote the safety and well-being of all students, including gender fluid and transgender students. (Source: This citation, https://www.childtrends.org/blog/research-shows-the-risk-of-misgendering-transgender-youth provides a variety of academic, peer-reviewed publications to support each of the following bullets.)

  • "Although youth who identify as a gender other than the one assigned to them at birth have among the highest rates of suicide, depression, and self-harm, a supportive and safe environment can significantly reduce these risks."
  • "Acceptance of transgender youth's identities is associated with better outcomes. The corollary is also true: Denial, misgendering, and misnaming transgender youth can make things worse."
  • "For each additional context (i.e., at home, school, work, or with friends) in which a transgender youth's chosen name is used, their risk of suicidal behavior is reduced by more than half."

What these studies show is that using one's preferred pronouns and name or nickname, provides significant benefits -- reduced risk of suicide, depression, self-harm -- and positive outcomes in adulthood. These small courtesies promote health and safety.

A 2020 paper found that 56% of transgender youth reported a previous suicide attempt. (Source: https://pubmed.ncbi.nlm.nih.gov/32345113)  The Model Policies, as written, will kill students.

CommentID: 202514