Virginia Department of Education releases model policies for transgender students

The Virginia Department of Education on Tuesday released what it said is the final version of its model policies regarding the treatment of transgender students, and now local school boards must decide whether to accept them.

The policies, named the “Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools,” emphasize parent rights and contain language similar to the draft of the policies released last fall. Those policies drew extensive criticism, public comment from tens of thousands of people and led to some student walkouts.

In part, the new policies address bathroom use, stating that single-user bathrooms will be made accessible, and “where state or federal law requires schools to permit transgender students to share otherwise sex-segregated facilities (such as bathrooms or locker rooms) with students of the opposite sex, parents should be given the right to opt their child out of using such facilities, and the child should be given access to alternative facilities that promote the child’s privacy and safety.”

The policy also states that school personnel can use pronouns that do not correspond to the student’s recorded sex only if a parent, or a student 18 or older, provides written permission.

A press release from the VDOE says the new policies “restore parental rights in decision making about their child’s identity while protecting the safety and dignity of all students.”

“These policies provide families the opportunity to weigh in on their child’s decisions and be a partner in their education,” Superintendent of Public Instruction Lisa Coons said. “We are elevating parents and giving them a seat at the table.”

In a statement released Tuesday, Gov. Glenn Youngkin said “All children in Virginia deserve to have a parent engaged in their life and to be treated with dignity and respect. The VDOE updated model policies reaffirm my administration’s continued commitment to ensure that every parent is involved in conversations regarding their child’s education, upbringing, and care.”

Youngkin said the finalized policies take into account public comments and concerns that were received by the administration.

Narissa Rahaman, executive director of Equality Virginia, released a statement criticizing the policies.

“Today, Gov. Youngkin and the VDOE made a dangerous, politically motivated decision to ignore the thousands of Virginians who submitted public comments in opposition to his proposed model policies – policies which single out transgender and nonbinary youth in our schools,” Rahaman said.

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The new model policies replace those released in 2021 under Democratic Gov. Ralph Northam’s administration.

The policies also state that teachers, staff and other students cannot be compelled to use a person’s preferred pronouns in “any manner that would violate their constitutionally protected rights.”

The policy also outlines several bullying prevention and response measures, as well as anti-bullying resources.

The document directs local school boards to adopt policies that are consistent with the model policies. But the 2020 legislation that called for the model policies on transgender student treatment did not address whether school boards that refuse will face any consequences. Several school divisions refused to adopt Northam’s model policies released in 2021.

Nour Habib, nour.habib@virginiamedia.com