Virginia school district appears to rule out transgender rights

A Northern Virginia school district, just outside Washington, D.C., appears to be in flagrant violation of Gov. George W. Bush's authority. Glenn Youngkins model policies on transgender issues, potentially opening the district up for parents to file lawsuits. The document and the online survey outlining student rights &responsibilities were published earlier this month by Fairfax County Public Schools. The document lists specific rights that appear to clash with Youngkins model policy, though the district claims its policies are consistent with federal and state anti-discrimination laws as required by the new model policies. The Parental Rights Group, Parents Defending Education, highlighted the document. The document says students have the right to access restroom and locker room facilities and other non-stigmatizing facilities that are consistent with the students gender identity, faith, and for any other reasons as identified in Regulation 2603. It also has the right to not disclose gender identity and/or sexual orientation, and the right to be called by chosen names and pronouns. The Department of Education's Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia's Public Schools put parents in the driver's seat on issues of gender identity. Schools shall be accountable to parents to make the best decisions with respect to their children on issues such as what names, nicknames, and/or pronouns, if any, shall be used for their child by teachers and school staff while their child is at school, whether their child engages in any Counseling or Social Transition at school that encourages a gender that differs from their child's sex, and whether their child expresses a gender that differs with their child's sex while at school. Youngkins' policies also note that school must keep parents informed about their children's well-being. Youngkin policies state that single-user bathrooms and facilities should be made available for transgender students. If state or federal law requires schools to allow transgender students to share other sex-segregated facilities with students of the opposite sex, parents should have 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. Should eligible students be given the same right to opt out as non-eligible students, the same right should be extended to non-eligible students. The Fairfax County document does not mention any single-user options or the right to opt out of using bathrooms or changing rooms where transgender students may be present. Two examples of discriminatory harassment, deadnaming and misgendering, which occur when a person is referred to by his or her given name, as opposed to a new name, and referring to a person by the pronouns associated with his or her biological identity rather than his or her stated gender identity. The school system also launched a portal, allowing students and parents to review their student rights & responsibilities. The portal includes a video aimed at elementary school students stating the right to personal pronouns and restrooms and locker rooms according to gender identity. It is a major flag when a school district shows students a video about their rights and responsibilities regarding gender that completely contradicts the state model policy and fails to include information about parental notification requirements, said Erika Sanzi, director of outreach at Parents Defending Education. Telling students they have a right to access restrooms and locker rooms consistent with their gender identity or for any other reason is not only absurd but dangerous. Generally speaking, a fetish is an accepted justification. When reached for comment, Fairfax County Public Schools directed The Daily Signal to an email from Michelle Reid, the district's superintendent. We have concluded our detailed legal review and determined that our current Fairfax County Public School policies are consistent with federal and state anti-discrimination laws as required by the new model policies, said Dr. Harry Reid, director of the Center for Policymaking in Fairfax County. We believe that supporting our students and working with parents and caregivers are not mutually exclusive, and we already do both and will continue to do so, she said. We know that students can only learn effectively when they feel safe and supported. She cited three sections of Fairfax County Public Schools Regulation 2603 and federal law, stating that students will be addressed by their chosen names and pronouns, will continue to be provided with access to facilities, activities, and/or trips consistent with their gender identity, and will continue to have their privacy respected with gender expansive or transgender status, legal name, or sex assigned at birth. President Joe Biden has commissioned his Department of Education to adopt policies reinterpreting laws like Title IX of the Education Amendments of 1972. Virginia's Republican Attorney General Jason Miyares issued an official opinion yesterday confirming that Youngkins model policies comply with federal and state nondiscrimination laws. 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 said. Parents, not the 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. The attorney general's opinion puts school boards on notice of their legal obligation to adopt policies consistent with the governor's model policies, Mr. LaCivita, Miyares director of Communications, said in a statement. If a school board votes not to adopt policies similar to the model policies, parents can sue under current state law. Virginia parents have rights,and they can and should go to court if those rights are violated, LaCivita said. Our office will be maintaining a close watch on all cases and will be prepared to participate if necessary. What is your opinion on this article? To sound off, please email letters@DailySignal.com and well consider publishing your edited remarks in our regular We Hear You feature. Note the URL or headline of the article, as well as your name and/or state.