As Youngkin's policies for transgender youth takes effect, schools review impact
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School officials in Staunton, Waynesboro and Augusta County are currently reviewing the new model policies for the treatment of transgender students. It's unclear if any policies will change in those districts as a result.
The Virginia Department of Education (VDOE) released the policies on Tuesday after an earlier version was issued last fall. Following a public comment period, the policies, which critics say could potentially harm and endanger trans youth, will now be reviewed by school boards across the state.
Per the VDOE, “each school board shall adopt policies that are consistent with but may be more comprehensive” than the model policies released Tuesday.
“We are reviewing the new model policies and do not anticipate any needed changes to Waynesboro City Schools policy,” said Superintendent Jeffrey Cassell. “I do not expect the school board to have discussions if no changes are needed.”
Staunton Superintendent Garett Smith said the policies have been forwarded to their attorney for review. At this time, the Staunton School Board has no discussion of the policies planned.
It was Augusta County that saw the most heated debates in the summer of 2021 over the previous model policies issued by former Gov. Ralph Northam’s administration. Those policies offered more protection and privacy for transgender students, but the school board unanimously rejected them in a special called meeting that July.
Eric Bond, Augusta County’s superintendent, told The News Leader Wednesday that the division is in a process of a thorough analysis.
“The Board is committed to policies and practices that create a secure, safe, and supportive environment where all students have the opportunity to learn and grow academically and emotionally,” Bond said. “We have a strong, consistent precedent of working directly with parents/guardians in support of their children. That will not change.”
In the very first paragraph of a VDOE press release about the policies there was mention of “parental rights." That phrase has become the latest buzzword among those working to help parents gain more control over public education in a culture war where the latest battlefield seems to be school board meetings.
“The 2023 Model Policies restore parental rights in decision making about their child’s identity while protecting the safety and dignity of all students,” the release read.
Among the provisions of the model policies created by Gov. Glenn Youngkin’s office:
School personnel shall refer to each student using only the name that appears in official records or a nickname commonly associated with that name unless written parental permission is on file;
School personnel shall refer to each student using only the pronouns appropriate to the sex appearing in the student’s official record;
School personnel or other students shall not be compelled to address or refer to students using preferred pronouns or names;
For any school program, event, or activity (including extracurricular activities) that are separated by sex, the appropriate participation of students shall be determined by sex rather than gender or gender identity;
Overnight travel accommodations, locker rooms, and other intimate spaces used for school-related activities and events shall be based on sex;
Students shall use bathrooms that correspond to his or her sex, except to the extent that federal law otherwise requires.
The reason for the federal law stipulation when it comes to bathrooms is because of Gavin Grimm, a transgender male from Gloucester County. Grimm was denied access to the boys' bathroom and filed suit in 2015 against his school division, saying it violated his rights under Title IX and the Equal Protection Clause of the 14th Amendment.
The 4th U.S. Circuit Court of Appeals found in favor of Grimm, saying the school’s policy discriminated against him. The court hears appeals from the nine federal district courts in Maryland, Virginia, West Virginia, North Carolina, and South Carolina. By not taking up the case, the Supreme Court allowed the 4th Circuit's decision to stand.
Youngkin’s model policies allow for single-user bathrooms and facilities in accessible areas with appropriate signage, indicating accessibility for all students.
“We are horrified that VDOE opted to move forward with proposed model policies that at best invite – and at worst, require – discrimination, that violate state and federal law, and that have no place in Virginia schools,” Breanna Diaz, ACLU of Virginia policy and legislative counsel, said in a release. “This action ignores the voices of a clear majority of Virginians who submitted comments opposing the model policies when the department first proposed them.”
Youngkin, in a tweet Wednesday, said the policies reaffirm his administration’s commitment to “ensure that every parent is involved in conversations regarding their child’s education, upbringing, and care.”
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— Patrick Hite is a reporter at The News Leader. Story ideas and tips always welcome. Contact Patrick (he/him/his) at phite@newsleader.com and follow him on Twitter @Patrick_Hite. Subscribe to us at newsleader.com.
This article originally appeared on Staunton News Leader: As Youngkin's policies for transgender youth takes effect, schools review impact
