VIRGINIA BEACH, Va. (WAVY) – After more than 50 students and numerous others spoke on a proposed resolution in support of the division’s LGBTQ+ students, the Virginia Beach School Board voted early Tuesday morning 6-5 to adopt it.

The vote, which didn’t come until after 2 a.m., came more than eight hours after the meeting started – after a lengthy public comment period, and after more than an hour of deliberation by the board that featured two failed substitute resolutions.

The resolution’s author, board member Jessica Owens, called it a “humble gesture (and) a bare minimum” for how people treat one another. She said students “have been beyond courageous” in seeking a safe place for their peers.

The vote was met with applause and cheers in the chamber by at least some of those remaining in the meeting, which had not yet ended as the board went into closed session at 2:20 a.m. to discuss the search for a new superintendent.

Owens drafted the resolution after LGBTQ+ students had been speaking about the issue at every meeting for the past several months. The division’s recommendation was that the board “adopt the resolution affirmation of commitment to nondiscrimination and antiharassment of LGBTQ+ youth and adults in the VBCPS educational environment as a declaration of the School Board’s commitment to eliminating all forms of unlawful discrimination in the educational environment.”

Emily LaBar, a First Colonial High School student, read her speech in front of the board.

“There is a need in my community, a need you have in your power to address,” Labar said.

Another First Colonial student, Ari Wheeler, said it would allow LGBTQ+ students to thrive in school.

“It would allow students to have a safe and comfortable learning environment – allow students to succeed in their learning – allow students to have equity across the board,” Wheeler said.

Kellam High School student AJ Quartararo said two students ripped down a Happy Pride Month banner earlier this month.

LaBar pointed to that incident as to why the resolution is needed.

“I think the incident at Kellam is a perfect example of how LGBTQ students don’t feel welcome at their school,” LaBar said. “We want the School Board to pass the resolution in support of us.”

“Those students didn’t just tear down a banner, they tore down a symbol of love and inclusivity. They tore down a feeling of security for LGBTQ+ students. I am scared for myself and I am scared for my friend and I’m scared for our future. Our community is in need of support,” said Quartararo.

Don LaBar, Emily’s dad, said there shouldn’t be a fight for people’s rights in 2023.

“There is still discrimination in the school, so reaffirming the school board will go along with the laws that prevent discrimination against students is important,” he said.

However, people who spoke in opposition to the resolution said it sends a message to other marginalized groups.

“(It) tells every other marginalized student they don’t matter,” one parent said. “We already have policies. Why single out any other group.”

Another person said it would take away parents’ right to make decisions for their children.

“Vote no on Ms. Owens’ resolution,” said speaker Becky Hay. “This resolution works against transparency.”

The resolution reads as follows:

RESOLUTION
AFFIRMATION OF COMMITMENT TO NONDISCRIMINATION AND ANTI-HARASSMENT OF LGBTQ+ YOUTH AND ADULTS IN THE VBCPS EDUCATIONAL ENVIRONMENT

WHEREAS, the School Board and Virginia Beach City Public Schools (hereinafter “VBCPS) believe
that every student is entitled to an education that is responsive to the student’s unique needs to work toward reaching their full potential and that all individuals have the right to a safe physical, emotional, and social environment where responsibility and respect are demonstrated daily and where students are engaged in learning and are active participants in the educational environment because they feel accepted and valued; and

WHEREAS, LGBTQ+ youth and adults are valued members of the VBCPS community; and

WHEREAS, VBCPS acknowledges that LGBTQ+ youth and adults encounter many challenges both in and out of the educational environment; and

WHEREAS, VBCPS further acknowledges that federal and state law, regulation and guidance
regarding nondiscrimination and anti-harassment based on sex, sexual orientation and gender identity are rapidly changing and at times inconsistent; and

WHEREAS, in 2016 the School Board amended School Board Policies 4-4 and 5-7 to prohibit
discrimination based on sexual orientation and gender identity; and

WHEREAS, the Virginia Human Rights Act §2.2-3900, amended, prohibits discrimination based on sex, sexual orientation and gender identity; and

WHEREAS, the School Board amended its policies and regulations regarding sexual harassment and discrimination in violation of Title IX of the Education Acts of and adopted enhanced Title IX
procedures as required by federal law and regulation; and

WHEREAS, existing state and federal statutory and case law affirms the rights of both
parents/guardians and students on issues of privacy and the right to freedom from discrimination under Title IX, Title VII and the Equal Protection Clause of the Fourteenth Amendment;

NOW, THEREFORE, BE IT RESOLVED: That the School Board affirms, supports, and values each of our students and staff and will continue to further our efforts to create a welcoming, safe, and inclusive learning environment providing protections for all students and staff regardless of sex, sexual orientation, gender, gender identity, or on any other characteristic protected by state or federal law; and be it

FURTHER RESOLVED: VBCPS is committed to eliminating all forms of unlawful discrimination
and harassment in the educational environment. Accordingly, no student shall be subjected to unlawful discrimination under any VBCPS education program or non-athletic activity based on sex, sexual orientation, gender, gender identity, or on any other characteristic protected by state or federal law regarding non-discrimination and anti-harassment; and be it

FURTHER RESOLVED: That School Board will not adopt, amend, suspend or repeal its bylaws or
policies to violate the Virginia Human Rights Act § 2.2-3900, as amended, Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964 with regard to discrimination and harassment based on sex, sexual orientation or gender identity; and be it

FURTHER RESOLVED: The School Administration will not adopt, amend, suspend or repeal its
regulations to violate the Virginia Human Rights Act § 2.2-3900, as amended, Title IX of the Educatio Amendments of 1972, Title VII of the Civil Rights Act of 1964 with regard to discrimination and harassment based on sex, sexual orientation or gender identity; and be it

FURTHER RESOLVED: That a copy of this Resolution be spread across the official minutes of this Board.