Virginia School Policies Affecting Trans Students Finalized, Draw Criticism

VIRGINIA — Policies that outline everything from bathroom use to the names used for LGBTQ+ students were released Tuesday by Gov. Glenn Youngkin's Virginia Department of Education and drew backlash from advocates of transgender students.

These updated "model policies" related to student and parent rights in Virginia schools were first proposed in September 2022. The policies affect transgender student rights on bathroom choice, gender-based sports participation, changing a student's name or gender, pronoun use by school staff, and changing a student's name or sex on their student record.

The state's 133 school districts must adopt policies that follow the model policies, according to the Virginia Department of Education.

Pride Liberation Project, a coalition of LGBTQ+ students, which organized student walkouts at over 90 Virginia schools in opposition to the policies last fall, condemned the policies. The coalition urged local school districts to reject the policies, which they call "Don't Be Trans" and an "attempt to force LGBTQIA+ students back into the closet."

"Don’t Be Trans would have prevented me from graduating," said Bas Rawat, a George Mason University student who graduated from Virginia public schools last year. "School was the only
place where I could be myself because my household wasn't supportive. These guidelines will
deny thousands of Virginia students the chance to be themselves."

According to the Virginia Department of Education, the "model policies" restore parents' rights in their students' identity and protect students' safety and dignity.

"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," said Aimee Guidera, Virginia's Secretary of Education. "They also affirm that discrimination and bullying of any kind will not be tolerated in Virginia’s public schools."

Youngkin, in response to the policies, said his administration makes it a priority to help parents stay involved in discussions about their children's education and care.

"The Department of Education has delivered policies that empower parents, prohibit discrimination, create a safe and vibrant learning environment by addressing bullying incidents immediately, and protect the privacy and dignity of all students through bathroom policies, athletic procedures, and student identification measures," said Youngkin in a statement.

LGBTQ+ Policies

On bathroom use, the policy requires students to use school bathrooms and locker rooms matching the sex they were assigned at birth, unless federal law requires otherwise. In addition, overnight travel in hotels, locker rooms, and other intimate spaces for school activities must be based on biological sex, according to the guidance.

For athletics, programs separated by gender will require participation of students based on biological sex. The policy allows school divisions to make changes to the policy when required by law.

On name and sex changes, school records must include a student's legal name and biological sex. School districts could only change a student's legal name or sex if a parent or eligible student submits a legal document like state or federal identification.

On name and pronoun use, school personnel can only call students by the name and pronouns on their official record — either male or female pronouns. However, the model policies state a student or parent can instruct the school district in writing that another name or other pronouns may be used.

The guidelines say no policies should encourage teachers to hide information from a student's parent, including about the student's gender. However, some laws require school districts to prevent disclosing this information to parents. For example, Virginia law prohibits contact with parents when a student is at risk of suicide due to parental abuse or neglect.

The policies maintain that school districts must follow nondiscrimination laws and that complaints of discrimination, harassment, or bullying must be promptly investigated. Parents must be notified of bullying incidents involving their student within 24 hours of the school division being notified.

Some Northern Virginia school districts expressed opposition to the "model policies" when they were proposed for public feedback.

In response to the final model policies, Virginia's largest school division, Fairfax County Public Schools, said it was reviewing the document.

"FCPS remains committed to an inclusive learning environment for each and every student and staff member, including those who are transgender or gender expansive," Superintendent Michelle Reid said in a statement. "Our schools will continue to be safe and respectful learning spaces."

Similarly, a Loudoun County Public Schools spokesperson said, "Loudoun County Public Schools leadership is aware of the new VDOE model policies and is currently reviewing them."