RICHMOND, Va. -- Virginians will have to wait at least another month to see what the Virginia Department of Education's finalized 2022 model policies on the treatment of transgender children in Virginia's public schools will look like.
According to Virgina Regulatory Town Hall's website, 71,298 comments were made during the proposed policies 30-day public comment window, which closed Oct. 26 at 11:59pm. That same site reports the original effective date was Oct. 27, but the effective date has now been delayed until Nov. 26 while comments are evaluated.
The delay reflects Virginia lawthat states: "If a written comment is receive during a public comment period asserting that the guidance document is contrary to state law or other regulation, or that the document should not be exempted from the provisions of this chapter, the effective date on the guidance document by the agency shall be delayed for an additional 30-day period."
During that 30-day delay, the agency shall respond to any comments in writing by certified mail to the commenter or by posting the response electronically.
The guidance and model policies, per the VDOE, will not become final until the review is complete. A final version would then need to be approved by the state superintendent.
The more than 70,000 comments outweigh those made on the 2021 policies created under former Gov. Ralph Northam's administration, coming out to a little more than 9,000 total.
IN-DEPTH:Click here to read the complete draft policies | Click here to read the previous policies
"I think the volume of comments that have been submitted demonstrates just how important the issue is to so many Virginians," said Dr. Todd Gathje with the Family Foundation, a parental advocacy group in strong support of the model policies.
Gathje and other supporters say the 2022 model policies affirm parental rights laid out by the law. The VDOE cites Constitutional law, saying: "The Department [also] fully acknowledges the rights of parents to exercise their fundamental rights granted by the Fourteenth Amendment of the U.S. Constitution to the direct care, upbringing, and education of their children." It also cites the First Amendment guaranteeing religious freedom and prohibits the government from compelling speech that is contrary to an individual's personal or religious beliefs.
However, others argue that because the policies would require parents or guardians to make special requests for a student who identifies as transgender, for things including name and pronoun changes, as well as what kind of bathroom they can use and if they can receive school-based counseling, the policies are discriminatory.
Educators would be required to tell parents if a child request such changes to be made within the school, something Christine Clarke with the Virginia Chapter of National Association of Social Workers, says is harmful to transgender, nonbinary, and gender non-conforming youth.
"While we respect a parent's desire to keep updated on important academic issues of their children, we as social workers do not support forced outing of transgender student due to high risk for mental health and physical safety," Clarke said at a rally led by Equality Virginia Thursday morning in Richmond. "Social workers, including those that are in schools, operate under a professional code of ethics that demands we advocate against discrimination of all kinds. We witness firsthand the daily impacts of harassment, violence and familial rejection of youth, especially those who are LGBTQ."
According to 2022 data compiled by the Trevor Project, fewer than one in three transgender and nonbinary youth found their home to be "gender affirming." Nearly one in five transgender youth attempted suicide in the past year.
"If these young people have people in their lives that affirm their identity, and accept them, they are less than half as likely to consider suicide or attempt suicide. So, we know that we can treat this challenge that they face by having communities around them that support them," said Dr. Alan Dow with VCU Health Sciences. "These model policies do not support that, and they will hurt these young people."
RELATED: Richmond school leaders on new transgender polices: 'This is unacceptable'
Kate Anderson with the Alliance Defending Freedom, a conservative Christian legal advocacy group, said in a statement: "We support Gov. Youngkin's proposed education that help ensure respect for parental rights and protect children's mental and physical health. These policies also protect girls' safety and privacy by ensuring they can compete on sex-separated sports teams and use girls' only locker rooms, showers, and bathrooms."
However, it's transgender youth that are more likely to face harassment and physical violence in places like locker rooms, showers, and bathrooms, per research data.
Based on 2022 survey data, about 37% of transgender students reported to have been physically threatened or harassed because of their gender identity, and often times avoid using bathrooms and locker rooms because of such.
Clarke cited a 2017 survey conducted by the National Center for Transgender Equality, saying more than half of transgender youth in Virginia avoided using a public bathroom in the past year because of fear of confrontations or conflict that they might experience. That same study found that nearly one in four limit the amount of fluids or food they eat in order to avoid bathrooms.
Dr. James J. Fedderman, the current president of the Virginia Education Association, said the group is making its stance to oppose the model policies.
"These proposed policies appear to have been developed without reference to any social or emotional pedagogy, mental health expertise, or public health foundation, but rather, merely, to further a political agenda. Although the proposed model policies are wrapped in a veneer of purported privacy, dignity and respect, for students and parents, they are in fact, the opposite," Fedderman said.
CBS 6 reached out to the VDOE to learn if the department consulted any outside sources when crafting these policies, and if so, who. CBS 6 has not received a response.
Once the policies are finalized and approved, individual school boards and districts will be responsible for adopting them.
Depend on CBS 6 News and WTVR.com for in-depth coverage of this important story. Anyone with more information can email newstips@wtvr.com to send a tip.
IN-DEPTH: How Central Virginia school districts are responding to new transgender student policies
