Category

2021 Policy

2022 Policy

Definition of sex and gender identity

Primarily defined gender identity as “[a] person’s internal sense of their own identity.” 2021 Model Policies, supra, at 6. Defined sex assignment as “[a] label, generally ‘male’ or ‘female,’ that is typically assigned at birth on the basis of a cluster of physical and anatomical features.” Id. at 7. Recognized the existence of intersex and non-binary students. Id. at 6-7.

Defines sex as “biological sex” and defines transgender student as “a public school student whose parent has requested in writing, due to their child’s persistent and sincere belief that his or her gender differs with his or her sex, that their child be so identified while at school.” 2022 Model Policies, supra, at 5. Ignores the existence of intersex and nonbinary students.

Right of students to self-identify

Schools had to allow students to self-identify. 2021 Model Policies, supra, at 13. Permitted use of preferred names and pronouns corresponding with the student’s gender identity upon request of the student. Id.

Students no longer possess a right to self-identify. School personnel required to refer to students by names and pronouns reflected on the student’s record. 2022 Model Policies, supra, at 16. Changes can be made to the record, but only if the hurdles discussed below are satisfied.

Right of parents to assist student self-identification

No process required if students and parents agree on identification. 2021 Model Policies, supra, at 13. If student and parents disagree, the Policies recommended a nuanced process that required school personnel to engage with both the student and their parents to “assist[] the family in developing solutions in their child’s best interests,” including providing expert information and advice to families. Id. at 14.

Parents can oppose their trans children from self-identifying, even against expert advice. Parents who support their transgender children’s self-identification can place their request in writing, but cannot update the school record without providing a legal document reflecting such changes. 2022 Model Policies, supra, at 16. Even then, teachers can ignore parental choices when it “would violate their constitutionally protected rights.” Id.

Rights of schools and teachers

Schools and teachers required to respect parents’ and students’ wishes when they agreed on gender identification. 2021 Model Policies, supra, at 13. Where there is disagreement, schools and teachers required to defer to experts in the best interests of the child. Id. at 13-14.

Teachers can, at their whim, ignore the choices of both parents and children. 2022 Model Policies, supra, at 16.

Student Records

2021 Model Policies required schools to use names and pronouns consistent with trans students’ gender identity on school records and documents by request of either the parent or the student, or the submission of a legal document. 2021 Model Policies, supra, at 16. Permitted re-issuing of student records to former students. Id.

Schools can update name and gender markers only upon submission of a legal document; removes ability of the student or parent to request the student’s preferred name and pronouns on other documents. 2022 Model Policies, supra, at 15-16. Further, does not permit schools to reissue records to former students who submit documentation reflecting their preferred name and gender marker. Id.

Student Privacy

School personnel were required to “adhere to legal standards of confidentiality relating to information about a student’s gender identity, legal name, or sex assigned at birth,” to “treat information relating to a student’s gender identity as being particularly sensitive.” Further, these policies instructed schools that they should provide facilities, such as restrooms, “that afford more privacy.” Id. at 18.

Removes requirements seeking to avoid inadvertent disclosure of trans student birth names and gender markers and other confidentiality and privacy provisions specifically protecting transgender students, beyond those required by state or federal statute. 2022 Model Policies, supra, at 17.

Bullying, harassment, and discrimination (BHD)

Prohibited BHD based on actual or perceived sexual orientation and gender identity. 2021 Model Policies, supra, at 11. Required sexual orientation and gender identity complaints to “be handled in the same manner as other [BHD] complaints.” Id. Required “[a]ll school mental health professionals [to] be trained annually on topics relating to LGBTQ+ students...” Id. at 20.

Eliminates gender identity as an explicitly protected class and does not protect straight or cis students from being bullied for being perceived as gay or trans. 2022 Model Policies, supra, at 15. Removes LGBTQ+-specific training requirements for school mental health professionals. Id. at 15.

Dress Codes

Permitted students to dress in ways “consistent with their gender identity or expression.” 2021 Model Policies, supra, at 17. Required schools to enforce dress codes evenly “regardless of actual or perceived gender identity or gender expression.” Id. Required dress codes “for school-related programs, activities, and events [to] be gender-neutral.” Id.  

Allows schools to groom students into certain genders: schools may require them to dress according to specific gender expectations. Prohibits requiring students to dress in gender-neutral manners and requires dress codes to “provide the same set of rules and standards regardless of gender.” Id.

Access to Activities, Facilities, and Events

Required schools to “eliminate the practice of segregating students by gender to the extent possible.” 2021 Model Policies at 18. In sex-segregated programs, events, and activities, students could participate in a manner consistent with the student’s gender identity. Id. Recognized that VDOE was not permitted to regulate athletics and noted the legislative intent to leave such regulations to the authority of organizations such as the Virginia High School League (VHSL) and the Virginia Scholastic Rowing Association (VASRA). Id. Required access to facilities based on the student’s gender identity. Id. at 19.

Limits participation in sex-segregated activities, events, and facilities based on “biological sex” as reflected on the student’s record. 2022 Model Policies, supra, at 17-18. Requires providing “reasonable modifications” only “to the extent required by federal law.” Id. Attempts to regulate athletics, in violation of the text of authorizing statute and its legislative history. Id. at 18.

Removal of LGBTQ+-inclusive resources

Provided over sixty resources including resources for schools, professional development, students, and parents. 2021 Model Policies, supra, at 22-24. The document also included sample model policies and guidelines as well as links to LGBTQ+ advocacy organizations such as Equality Virginia, the Gay, Lesbian & Straight Education Network (GLSEN), the National Center for Transgender Equality, and the Shenandoah LGBTQ Center, among others.

Purged the list of these resources and replaced them with nine resources largely focused on the role of parents in bullying prevention. 2022 Model Policies, supra, at 10-12.