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 5:38 pm

Commenter: Shannon Strategies

STRONGLY OPPOSE

Shannon Strategies opposes the Virginia Department of Education’s draft model policy that removes protections for trans and non-binary youth in schools. As business leaders, we have a responsibility to speak up for youth because they are part of our community and future workforce. We believe that all students should learn in inclusive and affirming environments and must be protected from bullying, harassment, and discrimination.

This policy is rooted in bigotry and will cause more harm to trans and non-binary youth. Right now, children and youth are experiencing a mental health crisis that requires our attention and swift action. Suicide is the second-leading cause of death among young people ages 10 to 24. According to the Trevor Project’s 2022 National Survey on LGBTQ Youth Mental Health, more than 53% of transgender and nonbinary youth considered attempting suicide in the past year. Nearly 1 in 5 transgender and nonbinary youth attempted suicide. Mental health professionals are telling us that rates of depression, suicide attempts, and suicidal injuries are increasing among youth. The last thing we should be doing is pushing vulnerable students to even greater margins.

We require a lot from young people; to be resilient and navigate multiple pandemics – the COVID-19 pandemic and systemic racism – while the adults in charge fail to reduce gun violence, childhood poverty, hunger, and social disruption. Instead of adding more stressors by removing the autonomy of students, focus on fully funding schools, investing in greater mental health supports, increasing access to affordable housing, and creating pathways for long-term success.

We are disheartened to see leaders who are responsible for the protection and wellbeing of young people fail them time and time again. Use your position of power to ensure that every child has a high-quality education starting from early childhood until graduation. Our focus should be on ensuring children and youth are able to thrive well into adulthood, not oppressing them. Protect trans and non-binary kids!

CommentID: 200830