Virginia education agency proposes policies to clarify approaches to transgender students in public schools

The Virginia Department of Education proposed new policies on September 16, 2022, that aim to provide guidance to the state’s public schools on the Youngkin administration’s preferred approaches to transgender students. 

The new policies depart from former Democratic Governor Ralph Northam’s administration guidelines, which encouraged schools to let students use names and pronouns aligning with their gender identity without formal documentation. Titled 2022 Model Policies On The Privacy, Dignity, And Respect For All Students And Parents In Virginia’s Public Schools, the new education policy mandate the following approaches:

  • Transgender students must use the bathrooms and locker rooms that align with their assigned sex at birth
  • The legal name and sex of a student cannot be changed even with written instruction from a parent or student unless official legal documentation or a court order is presented
  • Teachers and school officials are only allowed to refer to a student by the pronouns associated with their sex at birth
  • Teachers are not required to use a student’s preferred name regardless of written instruction if they believe doing so would violate their constitutionally protected rights

The Virginia Department of Education stated that the policy “reaffirms the rights of parents to determine how their children will be raised and educated. Empowering parents is not only a fundamental right, but it is essential to improving outcomes for all children in Virginia.”

In response to the policy proposal, Mike Mullin, a Democratic member of the Virginia House of Delegates, tweeted, “Trans kids deserve to learn and thrive in an environment free of bullying, intimidation, and fear. That means being addressed as who they are and supported for who they will be. Especially from their teachers and their administrators.”

The general public will be allowed to comment on the proposed policy using the Virginia Regulatory Town Hall website. 

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