RICHMOND, Va. (WRIC) — On Tuesday, July 18, the Virginia Department of Education (VDOE) released “Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools” — an 18-page document outlining guidance on how transgender and nonbinary students should be treated in Virginia schools.
“The Virginia Department of Education…recognizes that each child is a unique individual with distinctive abilities and characteristics that should be valued and respected,” VDOE writes in the beginning of the Model Policies. “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.”
“Throughout the policies, the VDOE formally defines “transgender student” as “a public school student whose parent has stated in writing that the student’s gender differs from the student’s sex, or an eligible student who states in writing that his or her gender differs from
his or her sex.”
According to VDOE, the 2023 Model Policies are meant to place focus on parental involvement in a child’s experience at school. Guidelines suggest that school officials should “defer to parents in decisions about a child’s identity, and keep parents informed about their child’s wellbeing.”
According to the department, this latest approach was determined because the 2021 Model Policies, which were developed under then-Governor Ralph Northam’s administration, “purposefully kept parents in the dark about their child’s health and wellbeing at school,” according to a release from VDOE.
The 2023 Model Policies frequently cite the protections under the First and Fourteenth Amendments for parents having “a fundamental right to direct the upbringing and education of their children” as a foundation for the school guidelines.
The policies also address how to handle bathroom policies, student identification and athletic policies in Virginia schools.
Under the new guidelines, school extracurriculars and athletics that are separated by sex will by determined by a student’s sex, not their gender identity.
Parents can also opt their child out of using sex-segregated facilities at school, such as bathrooms or locker rooms, if they feel their child’s safety is at risk. If a student’s parent opts them out of using these facilities, they should be given alternative options.
While the policies state that “every effort should be made to ensure that a transgender student wishing to change his or her means of address is treated with respect, compassion, and dignity in the classroom and school environment,” the also guidelines dictate that school staff can only use the name on a student’s official records to refer to them. Likewise, school staff can also only use pronouns “appropriate to the sex appearing in the student’s official record.” While a student can request to be called a nickname, this name should be “commonly associated with the name that appears in the student’s official record.”
A student’s name and sex can be changed on their official records for a parent submits official documentation showing a student’s change of legal name or sex.
New guidelines also focus on how to handle bullying in schools, and once again place parents at the helm for addressing student needs. The policies outline that schools should inform parents of bullying incidents within 24 hours.
“These policies clarify that parents are the appropriate decision makers regarding their child’s health and wellbeing, and that students are best served when parents, teachers and school administrators work as a team to support a child’s education,” Secretary of Education Aimee Guidera said.
However, the policies acknowledge information given to parents can be limited by the “safe harbor” statute, which protects against disclosure of certain information that may put a child at risk. For example, schools may not have to tell parents their child is suicidal if their mental state is due to parental abuse or neglect.
The Model Policies also states that within the guidelines, schools should still try to accommodate a student’s individual needs.
Youngkin’s administration first unveiled a draft of the model policies changes in Sept. 2022.
The 2023 Mode Policies will officially go into effect on Wednesday, July 19. Once the guidelines go into effect, local school boards across the state must adopt policies that are consistent with the 2023 Model Policies.
Dr. James J. Fedderman, President of the Virginia Education Association, issued a statement in opposite to the new policies on Tuesday evening:
Even for a Governor who has made his name out of manufacturing political outrage on the backs of hardworking teachers and innocent students, the intentional targeting of LGBTQ+ students in such a blatant and crass manner in the name of “parental rights” is an outrageous affront to decency. All school boards and superintendents should remember that no schools are required to implement this administration-crafted policy and should think twice before considering this politically divisive debate and exposing themselves to extensive legal liability. If implemented, these policies would no doubt threaten the safety and well-being of LGBTQ+ students, open the door for bullying, and set back their recent civil rights gains in Virginia. This policy targets a student group already facing significant barriers, offers no measurable benefit, and is simply cruel. These students deserve the freedom to express their authentic selves, free of harassment. Governor Youngkin and Superintendent of Public Instruction Dr. Lisa Coons should be ashamed of themselves for allowing such a mean-spirited document to become the official guidance from the Commonwealth. History will not reflect kindly on this opportunistic and discriminatory decision.
Dr. James J. Fedderman, President of the Virginia Education Association
These guidelines were released in accordance with the Code of Virginia. The VDOE also shared that 70,000 comments from stakeholders and parents throughout the state were gathered and considered when writing the 2023 Model Polices.
