Virginia AG says new transgender school guidelines follow state and federal law.
Virginia Attorney General: New Policies on Transgender Students Comply with Nondiscrimination Laws
Virginia Attorney General Jason Miyares has stated that the state’s new policies regarding the treatment of transgender students are in accordance with both state and federal nondiscrimination laws. The opinion, requested by Governor Glenn Youngkin (R-VA) and released on Thursday, asserts that the Virginia Department of Education’s “Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools” aligns with the law, despite opposition from LGBT groups who argue that the policies create an unsafe environment for certain students.
Key Points of the New Policies
- Students should use bathrooms and locker rooms based on the genders assigned to them at birth.
- Students under 18 must be referred to by the names and pronouns in their official school records, unless they have written permission from a parent to use an alternative.
- Schools cannot withhold information about a student’s gender from their parent or guardian.
- Parents must have the opportunity to object to counseling services related to a student’s gender concerns.
“This official Attorney General Opinion simply confirms what the overwhelming number of Virginians already know; parents have a fundamental right to the care, upbringing, and education of their children,” Miyares stated in his nonbinding legal analysis. ”Parents, not government, are in the best position to work with their children on important life decisions, and no parent signs up to co-parent with the government. In fact, the rights of parents are one of our oldest and most fundamental liberty interests. The Model Policies ensure that all students are treated with dignity and that parental involvement remains at the center. These policies are fully compliant with the law, and school boards across the Commonwealth should support and implement them. It’s not just common sense, it’s the law.”
Eden Heilman, ACLU of Virginia’s legal director, criticized Miyares’s nonbinding opinion, calling it “every bit as cruel and misguided as the policies themselves.”
Governor Youngkin’s administration initially proposed these changes in September 2022, and the Virginia Department of Education reviewed them during a public comment period. The state has urged school boards throughout Virginia to adopt these policies, although some have already expressed their intention to defy them.
Fairfax County Public Schools announced on August 15 that they would not adhere to the new guidelines, asserting that their current policies protect transgender students and comply with state and federal law. Prince William County Public Schools followed suit two days later.
In July, officials in Arlington and Alexandria City expressed concerns about the governor’s changes and stated that they would maintain their existing policies.
The Virginia Beach School Board came close to adopting Youngkin’s modifications, with five members voting in favor, five against, and one member abstaining, resulting in the proposal’s failure.
During a recent interview with Fox News, Governor Youngkin emphasized that the law is “very clear that I issue model policies, and local school districts have to adopt policies consistent with the model policies. And I would add to the fact that this is common sense. We are very straightforwardly saying that first, parents are in charge of their children’s lives. The kids don’t belong to the state. They belong to parents and to families, and they have the ultimate say in decisions that that child is going to make with a parent, not with a bureaucrat.”
It remains uncertain how the state will enforce the new guidelines.
Source: The Washington Examiner
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