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  11:33 pm
Commenter: Betsy Rosso

Trans, nonbinary, and gender expansive young people deserve autonomy, safety, and respect
 

Governor Youngkin's proposed policies undermine young people’s autonomy, self-expression, and safety. What the governor wants to do is at best dangerous and at worst, a matter of life and death. 

In a recent survey by the Trevor Project of approximately 35,000 LGBTQIA+ youth, nearly half reported they had seriously considered attempting suicide during the past year. More than half of those respondents identified as trans or nonbinary. September is Suicide Prevention Awareness Month. Honoring someone’s gender identity is vital to preventing suicide. 

Trans and nonbinary young people are much less likely to experience serious mental health challenges or consider suicide when they are called by their chosen names and pronouns. Such a simple, yet deeply affirming act can be life saving. Not surprisingly, young people whose families are supportive of their identities are also less likely to struggle. Unfortunately, only one in three respondents to the Trevor Project survey said they live in a gender-affirming household. So for many of these young people, school becomes their safe haven–a place where trusted friends and caring adults fully value and respect them. Gov. Youngkin’s proposed policy would take away that sanctuary, increasing the likelihood that our young people could experience rejection in–or even ejection from–their own homes. 

I’ve seen firsthand what it means to gender expansive kids when their humanity–which absolutely includes their gender identity–is embraced and uplifted, and the devastation that can result when they are treated as less than whole, and who they are is disrespected, discouraged, and dismissed. It is up to us to do the right thing–to protect our kids and make sure they know they are loved for who they are.

CommentID: 202874