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  11:58 pm
Commenter: Jessie

I oppose this
 

These proposed policies ignore the reasons trans youth are hesitant to come out to their parents, and the risks they face if they are outed. Trans youth suffer from higher rates of suicide, homelessness and depression then their peers. While these policies superficially state that counseling services should be available to all students, in reality they prevent access to counseling by only making it available to students that are willing to let their parents know they are seeking counseling.

These policies ignore that youth have been forced out of their homes for being trans. They ignore that even in the best cases coming out is a sensitive process that requires support. They ignore trans students' own judgement and wishes about when and how much to share, when they are the ones that know their situation best. Even for students who are supported by their parents, these regulations make them jump through hoops to be named and gendered correctly. In doing so, these policies increase the mental burden on the students they should be helping.

Trans students have been telling you how this will hurt them. Are you going to listen?

CommentID: 203018