Opposition Grows to Virginia Policy on Transgender Student Rights

October 11, 2022 by Tom Ramstack
Opposition Grows to Virginia Policy on Transgender Student Rights
The building for the Virginia Department of Education in Richmond. (Google Maps)

ALEXANDRIA, Va. — The City of Alexandria is telling Virginia’s state leadership its schools will not comply with the proposed Model Policies denying special accommodations for transgender students that face a final deadline this month.

A letter Mayor Justin Wilson and the city council sent to Virginia’s Department of Education says the proposed policies would stigmatize transgender and nonbinary students, undermine their dignity and put them at risk of violence.

“While the governor’s policies target, demean and diminish LGBTQ+ youth, particularly transgender and nonbinary students, Alexandria city leaders and community members will support, uplift and provide a safe, nurturing environment for LGBTQ+ youth so that they can flourish,” the letter says.

Other school districts nationwide are struggling with similar disputes over gender policy.

Traditionally liberal states, such as California and New York, seek to respect each student’s gender preferences.

A New York City Department of Education policy gives an example when it says, “Transgender and gender expansive students must be provided access to facilities (restrooms, locker rooms, or changing rooms) consistent with their gender identity asserted at school. A transgender or gender expansive student may not be required to use an alternative facility (e.g., a single-occupancy restroom instead of the locker room) or a facility that conflicts with the student’s gender identity asserted at school.”

Predominantly Republican states are enacting much different policies. Eighteen of them ban transgender students from participating in sports consistent with their asserted gender identities, most specifically trans boys playing on girls’ teams. 

Alabama, Oklahoma and Tennessee went further, banning transgender and nonbinary students from using school facilities aligned with their gender identity.

In a more typical middle-ground policy, the Rice Lake, Wisconsin, school board voted this week that children could be addressed by male or female names different from their sex at birth only after getting their parents’ permission.

Virginia Republican Gov. Glenn Youngkin’s 2022 Model Policies on the Privacy, Dignity and Respect for All Students and Parents in Virginia’s Public Schools says public school staff and students are not required to address transgender and nonbinary students “in a manner that would violate their constitutionally protected rights.” 

In other words, students should be referred to as “he” or “her” based upon their sex assigned at birth rather than their asserted gender identity.

“I cannot believe that bureaucrats and administrators can tell teachers to engage in these discussions and allow these decisions to be made without informing a parent,” Youngkin said at an Aug. 31 rally in Northern Virginia.

The first “guiding principle” of the Model Policies says “parents have the right to make decisions with respect to their children,” and that “schools shall respect parents’ values and beliefs.”

After Youngkin announced the proposal, Alexandria public school officials assured students, staff and families they would not change their own policies to follow the governor’s 2022 Model Policies.

Superintendent Melanie Kay-Wyatt and School Board Chair Meagan L. Alderton wrote a letter to the school community saying, “Since 2013, the nondiscrimination policy has recognized gender identity and gender expression as protected classes for equal educational opportunities. School Board Policy JB: Nondiscrimination in Education protects students from discrimination due to gender expression, gender identity, sexual harassment and transgender status.”

“We just wanted to make sure that we let our community know that we’ll continue our commitment to both implement and develop gender affirming policies for all ACPS students,” the letter says.

The public comment period for the 2022 Model Policies closes on Oct. 26. They will take effect the next day if they are enacted.

As the deadline approaches, the rhetoric is heating up for and against Youngkin’s proposal.

More than 1,000 students walked out of Virginia middle and high schools Sept. 27 to protest Youngkin’s Model Policies.

Last week, the Fairfax County School Board joined the opposition by voting to approve a statement affirming its support for transgender students.

“Nearly one in five transgender and nonbinary youth attempted suicide in the last year,” the statement said. “LGBTQIA+ youth who found their school to be affirming reported lower rates of attempting suicide. It is necessary to ensure our school community is a place where all students can live without fear of prejudice, discrimination, harassment or violence.”

The statement is consistent with The Trevor Project’s 2022 Mental Health Survey that found most gay young people are concerned about anti-transexual policies. The Trevor Project is a nonprofit organization that seeks to prevent suicide among gay youth.

Among survey respondents, 93% said they worried about access to gender-affirming medical care, 91% are concerned about being allowed to use bathrooms of their choice and 83% about getting permission to play sports.

Tom can be reached at [email protected] and @TomRamstack

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