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Virginia Regulatory Town Hall
Department of Education
Guidance Document Change: The Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools guidance document was developed in response to House Bill 145 and Senate Bill 161, enacted by the 2020 Virginia General Assembly, which directed the Virginia Department of Education to develop and make available to each school board model policies concerning the treatment of transgender students in public elementary and secondary schools. These guidelines address common issues regarding transgender students in accordance with evidence-based best practices and include information, guidance, procedures, and standards relating to: compliance with applicable nondiscrimination laws; maintenance of a safe and supportive learning environment free from discrimination and harassment for all students; prevention of and response to bullying and harassment; maintenance of student records; identification of students; protection of student privacy and the confidentiality of sensitive information; enforcement of sex-based dress codes; and student participation in sex-specific school activities, events, and use of school facilities.
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1/7/21  10:03 pm
Commenter: John Leary


This policy clearly violates the 1st Amendment to the Constitution.  It amounts to law made by Congress and implemented through VDOE which DIS respects many if not all establishments of religion.

This policy violates the 8th Amendment to the Constitution.  It leads children to a mode of existence that ultimately conflicts with their biological nature, leading to the cruel and unusual punishment of persons, who, having made ill-informed and ignorant choices as children, will be forced into situations from which they may never be able to retreat, which will destroy, prevent and twist the actualization of their natural talents and abilities towards the pursuit of happiness.

This policy violates the 9th Amendment to the Constitution in that inevitably leads to situations wherein the rights of some members of the population will be denied and disparaged, e.g. rights of women to compete in sports without competition from men.

This policy violates the 13th Amendment to the Constitution in that it creates and encourages a situation of involuntary servitude to a transgender existence.

This policy violates the 14th Amendment to the Constitution in that it creates situation that ultimately deprive transgendered adults of their natural rights to unconstrained life and liberty to exist as a naturally sexed person.

This policy confounds the terms of the 25th Amendment to the Constitution by creating a class of persons who can not be identified under the terms of this amendment, e.g.: the pronoun "his" and "he" are used seven times in this Amendment.  The import of this Amendment is vitiated by this policy's elimination of these terms from common parlance.  Before any such policy is created, an Amendment to the Constitution must be obtained to prevent the policy from vitiating this Amendment.

The legal system of the United States abounds with distinctions based on identification by Sex.  No policy should be instituted which forces a change to the legal code of either State or Federal Government.  Changes to legal terminology should not be the product of educational policy but rather driven by top down legislative action, including first having amended to the Constitutions of each of the States and of the United States..

It is beyond the charter for the VDOE to institute policy which will change the underlying nature of any or all parallel and superior elements, systems, or agencies of government, commerce, science et al.  VDOE policy MUST be subordinate to the needs of all other departments so to "educate" to the needs of others.  This proposed policy is tantamount to an initiative by VDOE to undermine ALL other elements of government, commerce, religion et al in the State.  Such an initiative is UNCONSTITUTIONAL, and it is clearly OUT OF SCOPE for VDOE.



CommentID: 88775