Youngkin's New School Guidelines Restrict Transgender Student Rights

VIRGINIA — Virginia Gov. Glenn Youngkin’s administration released state education guidelines that would roll back the rights of transgender students, a move by the state's Republican governor that is expected to be challenged in court.

The new "model policies," released Friday, will likely have to be adopted by all of the state’s 133 school districts in October. They will require transgender students to use school bathrooms and locker rooms matching the sex they were assigned at birth. The policies also make it difficult for students to change their name and gender at school.

The revised policies were condemned by LGBTQ+ groups and Democratic lawmakers, with some expecting a legal challenge of the new guidelines. U.S. Rep. Gerry Connolly (D-11th) referred to the Youngkin administration's policies as "a despicable display of bigotry and ignorance from the man who ran for office on the false promise of protecting Virginia students."

Under the model policies, if a student wants to participate in a sport or other extracurricular activities, they must only participate on teams that align with the sex assigned at birth.

Youngkin’s Virginia Department of Education also stated in the model policies that the legal name and sex of a student cannot be changed "even upon written instruction of a parent or eligible student" without an official legal document or court order.

Teachers and other school officials can only refer to a student by their pronouns associated with their sex at birth. And teachers will not be required to refer to a student's chosen names regardless of paperwork if they feel doing so "would violate their constitutionally protected rights."

If the policies receive final approval, they will affect more than 1 million children enrolled in the state's public school system.

Many of these students are expressing deep concerns about the model policies released Friday. “As a closeted student, I wouldn’t be able to come home if my parents found out that I was Queer. I am terrified that these draft regulations will take away one of the few places I can just be myself,” a Fairfax County student said in a statement released Saturday by the Pride Liberation Project.

The Youngkin administration counters that the new policies are part of his commitment to “parental rights.”

“It is not under a school’s or the government’s purview to impose a set of particular ideological beliefs on all students,” Youngkin spokeswoman Macaulay Porter said in a statement to The Washington Post.

On Friday night, state Del. Dave LaRock (R-33rd), who represents parts of Loudoun, Clarke and Frederick counties, thanked the Youngkin administration for defending "parental rights" with the "2022 Model Policies on the Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools."

Among state lawmakers opposed to the revisions, state Del. Danica Roem (D-13th), who represents Manassas Park and parts of Prince William County, said the governor’s anti-transgender school guidelines should be contested in court under the Virginia Human Rights Act, a law passed by the Virginia General Assembly in 2020.

“You can’t use executive action to overturn § 2.2-3900, the Virginia Human Rights Act,” Roem, Virginia’s first openly transgender state lawmaker, said in a tweet. “If you want to break the law, then we’ll see you in court.”

Craig Konnoth, a University of Virginia law professor, said the Youngkin administration’s new policies "simply ignore Virginia statute."

The 2020 statute was enacted to protect transgender students, Konnoth told The Washington Post. “These guidelines prioritize red tape and teachers’ beliefs over student well-being,” he said.

School districts in Virginia will likely have to adopt the guidelines following a 30-day comment period that begins on Sept. 26, the state Department of Education said. Superintendent of Public Instruction Jillian Balow will decide whether to implement a final version of the policies at the conclusion of the comment period.

Michelle Reid, superintendent of Fairfax County Public Schools, the largest school district in the state, said Saturday in a message to the county school community that she understands "the concerns that our LGBTQIA+ staff, student, and family community have about what this change of direction by the state may mean for our school division."

"Please be assured that FCPS remains committed to an inclusive learning environment for each and every student and staff member and that our schools will continue to be safe and respectful learning spaces," Reid said.

FCPS plans to review the new state proposed model policy in the coming days and "will share a more detailed response to the newly proposed policy soon," she added.

Groups Plan Protest Of 'Model Policies'

FCPS Pride, a LGBTQIA+ community for Fairfax County Public Schools employees, and the student-run Pride Liberation Project are planning a protest of Youngkin’s anti-transgender policies at Luther Jackson Middle School on Gallows Road at 6 p.m. on Oct. 6.

The revised guidelines will "hurt students in a time when students are facing unparalleled mental health challenges, and are a cruel attempt to politicize the existence of LGBTQIA+ students for political gain," the Pride Liberation Project said in a news release Saturday.

The group called on the Virginia Department of Education to revoke the guidelines and for school boards to affirm their commitment to protect all students "by rejecting these bigoted proposed guidelines."

"School is one of the few places where my Queer friends and I can feel safe to be ourselves. Turning that affirming space into a place of fear and bigotry is abhorrent and only hurts students,” a LGBTQIA+ student from Prince William County said in a statement released by the Pride Liberation Project.

Fairfax County Democratic Committee Chair Bryan Graham said Monday that the proposed model policies deny Virginia parents the confidence that their children’s needs are being met in a safe environment.

“Schools are much more than places for children to learn to read and write. Schools provide safe havens to children who live in uncertain or chaotic environments, to children who are food insecure, and to children who are abused or neglected," Graham said in a statement. "The Youngkin Administration’s attempt to undermine the confidence in our schools is part of a larger attack on public education propped up by dark money organizations."

Loudoun 4 All, a political advocacy group, said the Youngkin administration's policy revisions refer to “parent rights” and says that all children must be respected but "fails to outline what that actually means for transgender children."

The revisions refer to a “constitutional right” of teachers and students to not force them to respect other students’ gender identity. "We call for elected leaders to call out the hate and ensure all students in Virginia are treated with respect," Loudoun 4 All said in a news release Saturday.

The public comment period on the model policies will open next week on the Virginia Regulatory Town Hall’s website.