"Schooled" On The Law IN Public Education

Fairfax County Public Schools (FCPS), along with Arlington County Public Schools and Alexandria City Public Schools, have decided not to adopt the Commonwealth of Virginia’s new policies that rollback protections for transgender students. A August 16, 2023 report from the Northern Virginia Magazine quoted FCPS Superintendent Michelle Reid, who said, “We have concluded our detailed legal review and determined that our current Fairfax County Public School (FCPS) policies are consistent with federal and state anti-discrimination laws as required by the new model policies.” FCPC is maintaining existing policy regarding how a student should be addressed. The current policy says, “Students who identify as gender-expansive or transgender should be called by their chosen name and pronouns, regardless of the name and gender recorded in the student’s permanent pupil record.” According to Reid: “All students have a right to privacy in FCPS facilities or while participating in FCPS sponsored events. Any student who has a need or desire for increased privacy, regardless of the underlying reason, shall be provided with reasonable, non-stigmatizing accommodations.” Reid added: “All students have a right to privacy in FCPS facilities or while participating in FCPS sponsored events. Any student who has a need or desire for increased privacy, regardless of the underlying reason, shall be provided with reasonable, non-stigmatizing accommodations.” The current policy states: “Students who identify as gender-expansive or transgender should be called by their chosen name and pronouns, regardless of the name and gender recorded in the student’s permanent pupil record.” Arlington Public Schools and Alexandria City Public Schools have also affirmed their policies of accommodating transgender and non-binary students based on gender identity. Meanwhile, Spotsylvania County Public Schools became the first school disrict in Virginia to adopt the Commonwealth’s restrictive transgender student policy, according to a NBC 4 report on August 15, 2023. Students in the Virginia district will start the school year with changes related to pronouns, names, parent notification, sports, bathrooms and locker rooms. The policies are in line with Gov. Glenn Youngkin’s “Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools,” which were announced in July. The controversial decision was met with a mix of concern and praise. Students in the Virginia district will start the school year with changes related to pronouns, names, parent notification, sports, bathrooms and locker rooms. The policies are in line with Gov. Glenn Youngkin’s “Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools,” which were announced in July. The controversial decision was met with a mix of concern and praise. Students in the a district will start the school year with changes related to pronouns, names, parent notification, sports, bathrooms and locker rooms. The policies are in line with Gov. Glenn Youngkin’s “Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools,” which were announced in July. The controversial decision was met with a mix of concern and praise. Standby for litigation. On August 15, 2023, ACLU of Virginia Policy and Legislative Counsel Breanna Diaz released the following statement: “At best, the Virginia Department of Education (VDOE)’s new model policies for the treatment of transgender and nonbinary students invite discrimination that violates state and federal law. At worst, they require it. These hateful, dangerous policies have no place in Virginia schools. “It is shameful that the VDOE has chosen to advance a divisive political agenda rather than listen to the record-breaking number of Virginia parents, teachers, and young people who submitted comments opposing these policies. And it’s disappointing that Spotsylvania followed suit by rushing this week’s vote, much as it did when it passed an overzealous book ban policy this spring. “Spotsylvania parents who don’t want to see their schools turned into a political battlefield should remember what’s at stake this fall when this school board is up for election. Up and down the ballot, every vote counts. Spotsylvania community members should vote their values this November.”