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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9/26/22  8:37 am
Commenter: Counselor

Strongly OPPOSE
 
 
 
 
 
 
 

September 26, 2022

The Virginia School Counselor Association (VSCA) opposes the Virginia Department of Education’s 2022 Model Policies on the Privacy, Dignity, and Respect for All Students and Parents in Virginia's Public Schools as they are currently proposed. The 2022 model policies create barriers to privacy, dignity, and respect for Virginia’s students and seek to undermine previous legislation (i.e., § 22.1-23.3. Treatment of transgender students; policies) that works to create safe and supportive environments for our most vulnerable youth. 

VSCA recognizes that:

  • 56% of transgender youth reported a previous suicide attempt and 86% reported suicidality. School belongingness mitigates these risks and is a significant predictor variable for reducing suicidal ideation and attempts among transgender youth (Austin et al., 2020).

  • Transgender and nonbinary youth whose schools prevent them from using the restrooms/locker rooms that best matched their gender identities were significantly more likely to be sexually assaulted, 26% for transgender males and 149% for transgender females (Murchison et al., 2019).

  • 28% of transgender youth whose pronouns are not affirmed attempted suicide in the past year. In fact, when pronouns are respected, transgender youth attempted suicide at half the rate of those who did not have their pronouns respected (Trevor Project, 2020).

  • Transgender adolescents experience significantly disproportionate levels of childhood abuse compared to cisgender adolescents and experience greater levels of homelessness as a result of being kicked out or abused (Thoma, 2021).

  • Fewer than 2.5% of transgender youth re-transition to cisgender (Olson et al, 2022).

Virginia school counselors work to remove barriers and support the social, emotional, and mental health needs of all students. VSCA Ends Policies state that “Virginia School Counselors are committed to working with and advocating for marginalized groups, promote the mental health and wellness of all students, adhere to the ASCA Ethical Standards for School Counselors, and actively work to dismantle destructive systemic inequities.”

Additionally, Virginia school counselors follow the American School Counselor Association (ASCA) Position Statement on The School Counselor and Transgender and Nonbinary Youth (Adopted 2016, revised 2022) that states: 

School counselors work to safeguard the well-being of transgender and nonbinary youth. School counselors recognize all students have the right to be treated equally and fairly, with dignity and respect as unique individuals, free from discrimination, harassment and bullying based on their gender identity and gender expression.

Finally, Virginia school counselors seek to create environments that are not only inclusive and equitable for all students, including our transgender, nonbinary, gender non-conforming and gender-fluid students, but that celebrate the full scope of their identities, allowing them to thrive and reach their fullest potential. Furthermore, Virginia school counselors commit to dismantling any and all forms of inequity in Virginia’s public education system and fully support LGBTQ+ students. Every Virginia student, regardless of their gender identity, gender expression, or sexual orientation, has a right to learn free from discrimination and harassment.

Against this background, it is VSCA’s stance that the 2022 Model Policies on the Privacy, Dignity, and Respect for All Students and Parents in Virginia's Public Schools are empirically unfounded and are not in accordance with evidence-based best practices concerning the treatment of transgender, nonbinary, gender non-conforming and gender-fluid students.
CommentID: 129014