Amid VA Model Policies Affecting Trans Students, FCPS Policies Stand

FAIRFAX COUNTY, VA — After Gov. Glenn Youngkin's administration updated its "model policies" that drew backlash from transgender student advocates, Virginia's largest school district indicated none of its policies would change.

These updated "model policies" related to student and parent rights in Virginia schools were finalized over the summer. The policies affect transgender student rights on bathroom choice, gender-based sports participation, changing a student's name or gender, pronoun use by school staff, and changing a student's name or sex on their student record.

The state's 133 school districts must adopt policies that follow the model policies, according to the Virginia Department of Education.

Fairfax County Public Schools Superintendent Michelle Reid said in a letter to families that a legal review found FCPS policies comply with federal and state anti-discrimination laws under the new model policies. Reid said students have a right to privacy and can request increased privacy, "regardless of the underlying reason."

"Let me be clear that FCPS remains committed to fostering a safe, supportive, welcoming, and inclusive school environment for all students and staff, including our transgender and gender expansive students and staff," said Reid in the letter.

Model Policies and FCPS Policies

Reid said the current policies stand based on federal law and its own regulation affecting gender-expansive and transgender students.

The state's updated guidelines say no policies should encourage teachers to hide information from a student's parent, including about the student's gender. The exception is when laws require school districts to prevent disclosing this information to parents, such as when contact with parents is prohibited due to a student at risk of suicide because of parental abuse or neglect.

Under the current FCPS policy, a school should offer to start a support team for a student or their parents when made aware of a student being gender-expansive or transgender. The support team can include the parents "if the student is willing" and school support staff.

"Every effort shall be made to encourage and support communication between gender-expansive or transgender students and the student’s parents," the policy states. "Schools may offer to meet jointly with the parents and the student at school."

On name and pronoun use, the model policies say school personnel can only call students by the name and pronouns on their official record — either male or female pronouns. However, the model policies state a student or parent can instruct the school district in writing that another name or other pronouns may be used.

The FCPS policy states school personnel should call students by the name and gender the student communicates "regardless of the name and gender recorded in the student’s permanent pupil record."

On name and sex changes, the model policies say school records must include a student's legal name and biological sex. School districts could only change a student's legal name or sex if a parent or eligible student submits a legal document like state or federal identification.

The FCPS policy indicates a student's legal name, birth date, sex assigned at birth, and parents' names on the birth certificate should be on records. Changes to the student's record would require a court order or official government document like an updated birth certificate or passport showing the changes in legal name or sex.

On bathroom use, Virginia's model policies require students to use school bathrooms and locker rooms matching the sex they were assigned at birth, unless federal law requires otherwise. The model policies cite the Virginia case of Grimm v. Gloucester County School Board, which ruled that school districts preventing bathroom use based on gender identity is discrimination under the law.

The FCPS policy maintains that gender-expansive and transgender students can use the bathrooms and locker rooms that match their gender identity.

"In no case shall a gender-expansive or transgender student be required to use a locker room or restroom that conflicts with the student’s gender identity or be limited to using only a private area, single-occupancy accommodation, or other single-use facility," the policy states. "Gender-expansive and transgender students may also be provided with the option of using the facilities that correspond to the student’s sex assigned at birth."

The model policies also say overnight travel in hotels, locker rooms, and other intimate spaces for school activities must be based on biological sex, except for "reasonable modifications" provided by the law. FCPS says overnight accommodations may match a student's gender identity.

For athletics, Virginia's model policies say programs separated by gender will require participation of students based on biological sex, but school divisions can make changes to the policy when required by law.

FCPS says athletic participation based on gender identity depends on the policies of the regulating organizations like the Virginia High School League and Virginia Scholastic Rowing Association.

The Virginia High School League is not changing its rules on transgender student participation, which allows athletes to join programs based on gender identity in certain circumstances, the Associated Press reported. This includes situations like transgender athletes who had gender-affirming surgery before puberty or doing hormone therapy for a long enough amount of time to affect gender.

Reid said families can direct questions or concerns to superintendent@fcps.edu and find resources from FCPS on the LGBTQIA+ Student Resources and Supports webpage.