Virginia Regulatory Town Hall
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  11:08 pm
Commenter: Carolyn Caywood

Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools, version 2

This revision of Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools is unnecessary and harmful.

It treats the condition of being transgender as though it were a form of delinquency by instructing teachers and school staff to report the student to their parents.

It places administrative burdens on parents who want their child to be treated with the same respect accorded other students. Moreover, it was written without input from those parents or the professionals whose contributions made the original Model Policy truly a model for other states.

It privileges other students’ “discomfort” with the idea of sharing a restroom with a transgender student in much the same way that a previous generation argued they were uncomfortable sharing a restroom with a person of another race.

It targets transgender students for harassment and disrespect and favors the occasional bigoted teacher over the great majority of kind and affirming teachers.

In short it is unjust and cruel. It is particularly shameful that this revision exists only to score political points. It is an embarrassment to Virginia.

CommentID: 202732