Commission objects to proposed transgender student policies
In a party-line vote, the Joint Commission on Administrative Rules this week voted to file an objection to the Department of Education’s model policies regarding the treatment of transgender students in K-12 public schools.
The policies outline several guidelines for schools, including requiring school staff to obtain written permission from a student’s parents before letting a student change their name or pronouns. The draft also states that staff cannot be forced to use a student’s preferred name or pronouns if it violates their constitutional rights.
The policies, released in September, drew a massive reaction as students protested and thousands of individuals submitted comments during a 30-day public comment period. Because some of the comments stated that the policies violated state law, adoption was delayed a further 30 days to give the department time to review the allegations.
On Monday, the 12-member legislative commission, which reviews existing agency rules as well as rules or regulations going through the adoption process, heard from Secretary of Education Aimee Guidera and from groups opposed to the proposed policy. Members of the public also spoke during a public comment portion of the meeting.
Guidera reiterated the administration’s stance that the draft policies emphasize parental rights.
“The model policy does not eliminate the ability of students to engage in a different gender identity, a different name or dress in a certain way,” she said. “However, it does bring parents of minor children to the table in these crucial conversations and decisions.”
Guidera added that in rare instances in which a child is in danger at home because of issues relating to their gender identity, educators are already required by law to take action.
“We have statutorily required processes established to protect that child,” she said.
Representatives from the American Civil Liberties Union of Virginia and Equality Virginia also spoke at the meeting Monday, expressing opposition for the proposed policy and urging the commission to lodge a formal objection to it.
Geri Greenspan, an attorney for ACLU-VA, said the model policies undermine the rights and safety of transgender students, and violate state and federal law.
“This overreach at best invites and at worst requires discrimination against transgender students that violates federal and state law,” she said.
Sen. Creigh Deeds, D-Bath, the commission’s chair, said the commission has no authority past filing an objection. “We’ve exercised our authority to the extent that we can,” he said.
When asked about a timeline for the expected adoption of the model policies, Guidera said she could not provide one because public comments were still being reviewed.