In a move that has ignited controversy and concern, Virginia’s Department of Education (VDOE) has unveiled its 2023 model policies for the treatment of transgender students. Attorney Wyatt Rolla, representing the ACLU of Virginia, has sharply criticized Governor Glenn Youngkin’s administration for advancing what he calls a “dangerous anti-trans political agenda” through these policies.
The newly introduced model policies replace those issued by the VDOE in 2021, and they impose significant restrictions on the treatment of transgender students. Teachers are now mandated to use a student’s legal name and pronouns associated with their “biological sex” unless a parent submits written instructions to the contrary. Even when such instructions are provided, the policies allow teachers to disregard them, perpetuating the use of incorrect names and pronouns.
Furthermore, these policies require students to use facilities and participate in athletic programs aligned with their assigned sex, unless federal law dictates otherwise. The VDOE asserts that the model policies adhere to state and federal non-discrimination laws, but concerns have arisen regarding their compliance with the federal case Grimm v. Gloucester. In this case, it was determined that limiting access to bathrooms and locker rooms violated a student’s rights.
Despite the controversy surrounding the new policies, the largest school district in Virginia, Fairfax County Public Schools (FCPS), has opted to maintain its existing inclusive policies. FCPS Superintendent Michelle Reid confirmed that students will continue to be addressed by their chosen names and pronouns and will have access to facilities and activities aligned with their gender identity.
Opponents of the 2023 model policies argue that they could have detrimental effects on LGBTQ+ students, as studies have shown that a lack of affirming policies correlates with lower attendance, lower self-esteem, higher rates of depression, and increased incidents of physical and sexual assault. Transgender and gender-expansive students at FCPS have shared their harrowing experiences, highlighting the importance of creating a safe and supportive educational environment.
Rolla emphasized the significance of affirming policies, asserting that they play a critical role in providing a quality education to all students. The clash between the VDOE’s policies and the commitment of some school districts, like FCPS, to inclusivity underscores the ongoing struggle for LGBTQ+ rights and the well-being of transgender students in Virginia.