NORFOLK, Va. — The Virginia Department of Education on Tuesday released its new model policies for schools across the state.
The policy states the school division shall refer to students using only the name and sex that appear in the student's official record. Staff can only refer to students by another name or pronoun if a student or a student's parent or guardian submits a request to the school in writing.
In addition, the policy shows the needs of each student should be taken into consideration by their respective school.
"The Department is committed to working with school divisions to ensure a positive, safe, and nurturing learning environment for all students. Each student’s individual needs should be taken into consideration by his or her school, and divisions should develop policies that encourage schools to account for these individual needs, with due sensitivity to the needs of other students and the practical requirements of the teaching and learning environment. Schools should attempt to accommodate students with distinctive needs, including transgender students. A team of appropriate school staff and other caregivers should collaborate with the student’s parents or with an eligible student to identify and implement such reasonable accommodations or modifications (if any), considering the resources and staff available in the school and school divisions, as well as the rights and needs of other students and of school staff. Single-user bathrooms and facilities should be made available in accessible areas and provided with appropriate signage, indicating accessibility for all students. To ensure that all students have access to a learning environment in which they feel comfortable and safe, 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. Eligible students should be given the same right to opt out."
Virginia Department of Education
The model policies also state students are only allowed to participate in after-school activities based on their sex rather than gender.
They also require parents to be notified of bullying within 24 hours of an incident.
Schools are required to adopt policies that are consistent with this policy but they can be more comprehensive.
Gov. Glenn Youngkin (R) said the new policies restore parental rights in the decision-making process about their child's identity.
“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. Public comment, input, and concerns were carefully evaluated and assessed to formulate the updated model policies. 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."
Gov. Glenn Youngkin
The Governor’s push for parents rights has met with criticism from opponents, including students who say those policies push back the rights of transgender students.
"I feel like this is a step in the wrong direction. I think as a society, we should be working towards trans students feel more connected and have more belonging in their community. These model policies aim to do the exact opposite," Emily Labar, a Virginia Beach high school student said. Labar is the president of Gender Sexuality Alliance at Colonial High School and identifies as LGBT.
The Family Foundation, a faith-based conservative lobbying organization believes the 2023 model polices are a step in the right direction.
This really puts constraints on the transgender issue and confusion going on within public schools. It provides parents the ability to make sure they know exactly what is going on with their child at school and make sure schools cannot hide any information from them," Todd Gathje, the vice president of government operations for the Family Foundation said.
Recently, the Virginia Beach School Board adopted a resolution aimed at protecting LGBTQ+ students from harassment and discrimination. It's in direct conflict with Governor Youngkin's policy.
Virginia Beach
Virginia Beach school board passes resolution impacting LGBTQ+ students
Virginia Beach Public Schools released the statement below after the 2023 model policies were released:
Administration is aware of the new VDOE model policies and is currently working to review them. The School Board will also need to meet to review and discuss them and until that time, we are not able to provide further comment.
This is a developing story. Stay with News 3 for the latest updates and information.
