Comment in Opposition to the 2022 Model Policies

University of Pennsylvania Carey Law School Black Law Students Association

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October 26, 2022
Jillian BalowSuperintendent of Public InstructionVirginia Department of EducationP. O. Box 2120Richmond, VA 23218
RE: 2022 Model Policies on the Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools (“2022 Model Policies”)
Dear Superintendent Balow,
The Black Law Students Association of the University of Pennsylvania Carey Law School ("Penn Carey BLSA") appreciates the opportunity to provide this comment in response to the Virginia Department of Education’s Model Policies on the Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools (“2022 Model Policies”). Our student body includes students from the Commonwealth of Virginia and students who intend to practice in the Commonwealth after graduation. For that reason, Penn Carey Law students have a direct interest in commenting on the 2022 Model Policies.
Penn Carey BLSA supports ensuring access to reproductive health care for all. Our work is greatly informed and influenced by the work of advocates of color in the reproductive justice movement who advocate for “the human right to maintain personal bodily autonomy, have children, not have children, and parent the children we have in safe and sustainable communities.” We recognize that discrimination and stigma often deny transgender individuals these basic human rights.[1]
With this in mind, Penn Carey Law BLSA believes that the Virginia Department of Education’s 2022 Model Policies deny its students and parents the same rights the policies purport to protect. The 2022 Model Policies, in practice, invalidate transgender students and harm their well-being. Further, we condemn the Department’s decision to bar supportive parents from their right to ensure a gender-affirming educational environment for their children. These policies stand in stark contrast to the 2021 Model Policies. We urge the Department to maintain the 2021 policies, which seek to eliminate the harassment and discrimination of LGBTQ+ students, protect student privacy, and ensure the individual right to self-expression.
A.   Respect, Compassion, and Dignity for Transgender StudentsTransgender students deserve respect, compassion, and dignity, as stated in the 2022 Model Policies.[2] However, if school personnel follow the recommended Sample Policy, those practices will produce the opposite effect. Local students and advocates have emphasized that these policies will promote harassment and gender-based discrimination in the classroom.[3] Studies show that these concerns are well-founded.
For instance, correct pronoun usage saves lives. A 2022 study revealed that transgender and non-binary youth who lived in a household where everyone respected their pronouns died by suicide at half the rate of youth who did not live with anyone who did.[4] However, this study also showed that fewer than one out of three transgender and non-binary youth lived in a household where everyone respected their pronouns.[5] Consequently, schools may be the only gender-affirming space for many transgender students. The 2022 Model Policies view correct pronoun usage as “compelling others to use preferred pronouns.”[6] However, transgender students are simply asking for a fundamental level of respect that is critical to their mental health and well-being.
In addition, participation in school athletics helps combat depression and anxiety for students.[7] Although transgender youth want to play sports for these mental health benefits, a 2021 study showed that 68% of transgender and non-binary youth did not participate in sports due to fear of discrimination.[8] The 2022 Model Policies exacerbate this likelihood of discrimination against transgender students by determining student participation based on sex assigned at birth rather than gender identity. Leaving students to either regularly play on a team that delegitimizes an essential part of themselves or not play at all, the 2022 Model Policies deny transgender students the ability to safely engage in student programming.[9]
It is critical that the 2022 Model Policies implement practices that demonstrate respect, compassion, and dignity for a transgender student’s intrinsic sense of self. To provide a foundation that encourages respect, compassion, and dignity for all transgender students, the 2022 Model Policies should accurately frame sex assigned at birth and gender. Currently, the 2022 Model Policies define gender identity as “an ideological belief that gender is a matter of personal or subjective experience, not sex.”[10] However, gender is a part of everyone’s identity[11] and is essential for how young people perceive themselves.[12] Transgender people face myriad mental health disparities compared to cisgender people,[13] a reality that is exacerbated when transgender people are denied the right to express their gender identities. The 2021 Model Policies provide an example of how the Virginia Department of Education should best honor these basic tenets. The 2021 policies acknowledge and specifically call out the harassment and bullying faced by LGBTQ+ youth and require schools to provide a safe environment for all students.[14] In addition to encouraging specific gender-discrimination remedies and protections, the policies mandate student confidentiality and privacy with an eye to preventing discrimination and abuse.[15]
The 2021 policies also conform with federal guidance and directives that forbid sex-based discrimination and seek to remedy harassment in schools.[16] The 2022 Model Policies fail to conform with federal guidance by preventing equal access to programs and activities in a way that is consistent with a student’s gender identity.
B. Parental Rights and Children’s FreedomsThe 2022 Model Policies indicate that one of their primary aims is to support a parent’s right to direct the upbringing, education, and control of their children.[17] However, these same policies significantly limit the rights of parents who are supportive of their child’s gender exploration, transition, or nonconformity.
Notably, the model policies require that any extracurricular activities separated by sex—including athletics—use students’ assigned sex to determine where they will be placed, and that overnight travel accommodations, locker rooms, and bathrooms be divided on the basis of assigned sex.[18] They limit the name a child may use in school to that provided in writing by a parent or guardian, and do not require school staff, teachers, and other students to use the name and pronouns a child and their family have selected.[19]
It is clear from these policies that a parent who is supportive of their child’s transgender identity has less ability to oversee their child’s upbringing than a family who is critical of it. Supportive parents cannot direct the manner in which their child participates in school activities or the facilities that are available to them, nor can they ensure the use of their child’s correct name and pronouns at school. As such, the 2022 Model Policies provide only an illusory protection of parental rights.
Even if the 2022 Model Policies adequately and uniformly upheld a parent’s right to direct the education of their child, which they do not, they neglect to consider that these rights are not without limitation. While our nation does value parental involvement in a child’s education, that right does not supersede a child’s educational freedoms. These freedoms were no better elucidated than in the landmark desegregation cases of the twentieth century, which rebuked the idea that parental rights included the right to preserve a segregated school system.[20]
While these cases dealt with the issue of race rather than gender identity, they demonstrated clearly that the freedom of parents to direct the education of their children must always yield to children’s “freedom to learn.”[21]
The 2022 Model Policies run afoul of this fundamental freedom by denying transgender children who lack parental support an equal opportunity to participate in the public school system. Under these policies, transgender students may not be referred to in the manner they choose without parental consent.[22] They may not participate in school sports or other extracurriculars, or use bathrooms or other facilities, in a way that aligns with their deeply held understanding of themselves.[23] These policies deny all transgender students, but especially those with parents critical of their gender identity, full access to the privileges and benefits of the public school system and therefore undercut their fundamental freedom to learn.
In addition, the 2022 Model Policies provide that no guidance, training, or other material may encourage or instruct teachers to conceal information about a student’s gender identity from their parents.[24]
However, parents do not have a fundamental right under the Fourteenth Amendment to be informed of their child’s gender identity when it differs from their sex assigned at birth.[25] Policies that instruct teachers to keep a child’s gender identity confidential until they have consented to such disclosure do not undermine parental rights.[26] In fact, schools have a legitimate interest in choosing not to disclose a child’s name or pronouns to parents when they believe that doing so might subject them to abuse, neglect, or other harm.[27] By failing to provide procedures to ensure the privacy of transgender students who do not feel safe or comfortable disclosing their gender identity to parents, the 2022 Model Policies do not adequately protect those children who might face repercussions at home.
C.   Freedom of ExpressionThe Department insists that the 2022 Model Policies adhere to the First Amendment. Because the First Amendment “forbids government actors to require individuals to adhere to or adopt any particular ideological beliefs,” the Department claims that the practice of using an individual’s preferred pronouns violates principles of religious freedom and forces teachers and students to adopt inconsistent beliefs.[28] This claim is overbroad and erroneous. The cases cited by the Department in no way implicate the use of another individual’s specific name or pronouns as a compelled ideological belief.[29]
We acknowledge that the Sixth Circuit in Meriwether v. Hartop noted that a university professor at a public university plausibly stated a claim for a violation of First Amendment rights when punished for failing to use a student’s appropriate pronouns.[30] But the court’s opinion merely allowed the case to proceed in lower courts. The holding of Meriwether was not applied or relied on in a later case, which noted that Meriwether was not binding precedent and illuminated the “distinction between K-12 schools and universities in addressing speech and other constitutional issues.”[31]
A far more compelling First Amendment argument protects the freedom of expression of all students by allowing them to use the name, pronouns, and other gender expressive means that best communicate their gender identity. Any restriction on a student’s ability to express themselves consistent with their gender identity causes substantial harm and is worth protecting against.[32]
The 2021 Model Policies acknowledge these harms and note that the policies are consistent with the First Amendment because “schools may not prevent students from expressing their identity.”[33] The Sixth Circuit in Meriwether is correct that “titles and pronouns carry a message.”[34] Students’ ability to send this message as an expression of their personal identity and have that message met with dignity and respect is the right that deserves protection.[35] A rule that states otherwise could be met with legal challenge under Title IX and the First Amendment.[36]
Thank you for the opportunity to comment on these proposed model policies. Please contact our advocacy co-chair, Devontae Torriente, at devontae@pennlaw.upenn.edu if you have any questions.
Sincerely,
Black Law Students AssociationUniversity of Pennsylvania Carey Law School

[1] If You Really Care About Reproductive Justice, You Should Care About Transgender Rights!, Nat’l Women’s L. Center (Sept. 2015), https://nwlc.org/wp-content/uploads/2015/08/rj_and_transgender_fact_sheet.pdf.
[2] Va. Dep’t Ed., 2022 Model Policies on the Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools 16 (2022) [hereinafter 2022 Model Policies].
[3] Matt Lavietes, Students stage walkouts across Virginia over governor's transgender school policies, NBC News (Sept. 27, 2022, at 1:59 PM), https://www.nbcnews.com/nbc-out/out-news/students-stage-walkouts-virginia-governors-transgender-school-policies-rcna49594.
[4] National Survey on Youth LGBTQ Mental Health, Trevor Project, https://www.thetrevorproject.org/survey-2021/?section=Introduction.
[5] 2022 National Survey on LGBTQ Youth Mental Health, Trevor Project, https://www.thetrevorproject.org/survey-2022/assets/static/trevor01_2022survey_final.pdf.
[6] 2022 Model Policies, supra note 2, at 5.
[7] Beyond Endorphins: The Mental Health Benefits of Youth Sports, Nat’l Council Youth Sports (July 19, 2019), https://ncys.org/beyond-endorphins-the-mental-health-benefits-of-youth-sports/.
[8] LGBTQ Youth Sports Participation, Trevor Project (Sept. 15, 2021), https://www.thetrevorproject.org/research-briefs/lgbtq-youth-sports-participation-2/.
[9] See Ellen Heiman et al., 16 Penn Law Organizations, Statement in support of Lia Thomas, Daily Pennsylvanian (Jan. 25, 2022), https://www.thedp.com/article/2022/01/supporting-lia-thomas.
[10] 2022 Model Policies, supra note 2, at 5.
[11] Transgender Persons, Ctrs. for Disease Control & Prevention (Sept. 14, 2022),  https://www.cdc.gov/lgbthealth/transgender.htm.
[12] Transgender Exclusion in Sports, Am. Psych. Ass’n (Mar. 2021), https://www.apa.org/topics/lgbtq/transgender-exclusion-sports#:~:text=Gender%20identity%20is%20central%20to,entirely%20(ACLU%2C%202020).
[13] Grimm v. Gloucester Cnty. Sch. Bd., 972 F.3d 586, 594 (4th Cir. 2020).
[14] Va. Dep’t Ed., Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools 7 (2021 [hereinafter 2021 Model Policies].
[15] Id. at 11-12.
[16] See 34 C.F.R. ch. I (2021) (applying the decision in Bostock v. Clayton County, which forbids sexual orientation and gender identity discrimination as unlawful sex discrimination, to schools under Title X). A federal court has temporarily enjoined the implementation of these guidelines against several states that do not include Virginia.
[17] 2022 Model Policies, supra note 2, at 5.
[18] Id. at 17-18.
[19] Id. at 16.
[20] Brown v. Bd. Educ., 347 U.S. 483 (1954) (Brown I); Brown v. Bd. of Educ. 349 U.S. 294 (1955) (Brown II).
[21] Joshua Weishart, What the Law Says About Parents’ Rights Over Schooling, Educ. Week (Nov. 29, 2021), https://www.edweek.org/policy-politics/opinion-what-the-law-says-about-parents-rights-over-schooling/2021/11.
[22] 2022 Model Policies, supra note 2, at 16.
[23] Id. at 18.
[24] Id. at 17.
[25] John & Jane Parents 1 v. Montgomery Cty. Bd. Educ., No. 8:20-3552-PWG, 2022 U.S. Dist. LEXIS 149021, at *20-21 (D. Md. 2022).
[26] Id. at 21.
[27] Ricard v. USD, 475 Geary Cty., No. 5:22-cv-04015-HLT-GEB, 2022 U.S. Dist. LEXIS 83742, at *8 (D. Kan. 2022).
[28] 2022 Model Policies, supra note 2, at 5.
[29] See 2022 Model Policies, supra note 2, at 6 (citing West Virginia State Bd. Educ. v. Barnette, 319 U.S. 624, 642 (1943) and Oliver v. Arnold, 3 F.4th 152, 162 (5th Cir. 2021)). The former is a case about saluting the flag. The latter is a case about compelled transcription and recitation of the Pledge of Allegiance.
[30] Meriwether v. Hartop, 992 F.3d 492, 492-503 (6th Cir. 2021).
[31] Kluge v. Brownsburg Cmty. Sch. Corp., 548 F. Supp. 3d 814, 842 (S.D. Ind. 2021).
[32] See supra Section A.
[33] 2021 Model Policies, supra note 13, at 7.
[34] Meriwether, 992 F.3d at 507.
[35] Case Note, Sixth Circuit Holds Public University Professor Plausibly Alleged Free Speech Right Not to Use Trans Student’s Pronouns, 135 Harv. L. Rev. 2005, 2012 (“To ensure that expression of varying and competing viewpoints characterizes campuses, it is crucial to appreciate the complementary relationship between university antidiscrimination policies and academic freedom goals. Indeed, when transgender students are excluded, it is academic freedom that suffers, not free speech that wins.”)
[36] For a fulsome discussion of the likely constitutionality of laws that require the use of an individual’s preferred pronouns, see Tyler Sherman, All Employers Must Wash Their Speech Before Returning to Work: The First Amendment & Compelled Use of Employees’ Preferred Gender Pronouns, 26 Wm. & Mary Bill Rts. J. 219 (2017) (discussing that pronoun laws would require close constitutional scrutiny but should survive due to compelling anti-discrimination goals); Dennis Baron, Does the First Amendment mean “You can’t make me say your pronouns”?, Web Lang. (Jun. 12, 2022, 10:00 AM), https://blogs.illinois.edu/view/25/1559663297 (discussing that pronoun mandates “don’t aim to silence . . . speech” and instead “validate the words of those whose voices have been constantly silenced”).

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October 26, 2022

Jillian Balow
Superintendent of Public Instruction
Virginia Department of Education
P. O. Box 2120
Richmond, VA 23218

RE: 2022 Model Policies on the Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools (“2022 Model Policies”)

Dear Superintendent Balow,

The Black Law Students Association of the University of Pennsylvania Carey Law School ("Penn Carey BLSA") appreciates the opportunity to provide this comment in response to the Virginia Department of Education’s Model Policies on the Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools (“2022 Model Policies”). Our student body includes students from the Commonwealth of Virginia and students who intend to practice in the Commonwealth after graduation. For that reason, Penn Carey Law students have a direct interest in commenting on the 2022 Model Policies.

Penn Carey BLSA supports ensuring access to reproductive health care for all. Our work is greatly informed and influenced by the work of advocates of color in the reproductive justice movement who advocate for “the human right to maintain personal bodily autonomy, have children, not have children, and parent the children we have in safe and sustainable communities.” We recognize that discrimination and stigma often deny transgender individuals these basic human rights.[1]

With this in mind, Penn Carey Law BLSA believes that the Virginia Department of Education’s 2022 Model Policies deny its students and parents the same rights the policies purport to protect. The 2022 Model Policies, in practice, invalidate transgender students and harm their well-being. Further, we condemn the Department’s decision to bar supportive parents from their right to ensure a gender-affirming educational environment for their children. These policies stand in stark contrast to the 2021 Model Policies. We urge the Department to maintain the 2021 policies, which seek to eliminate the harassment and discrimination of LGBTQ+ students, protect student privacy, and ensure the individual right to self-expression.

A.   Respect, Compassion, and Dignity for Transgender Students
Transgender students deserve respect, compassion, and dignity, as stated in the 2022 Model Policies.[2] However, if school personnel follow the recommended Sample Policy, those practices will produce the opposite effect. Local students and advocates have emphasized that these policies will promote harassment and gender-based discrimination in the classroom.[3] Studies show that these concerns are well-founded.

For instance, correct pronoun usage saves lives. A 2022 study revealed that transgender and non-binary youth who lived in a household where everyone respected their pronouns died by suicide at half the rate of youth who did not live with anyone who did.[4] However, this study also showed that fewer than one out of three transgender and non-binary youth lived in a household where everyone respected their pronouns.[5] Consequently, schools may be the only gender-affirming space for many transgender students. The 2022 Model Policies view correct pronoun usage as “compelling others to use preferred pronouns.”[6] However, transgender students are simply asking for a fundamental level of respect that is critical to their mental health and well-being.

In addition, participation in school athletics helps combat depression and anxiety for students.[7] Although transgender youth want to play sports for these mental health benefits, a 2021 study showed that 68% of transgender and non-binary youth did not participate in sports due to fear of discrimination.[8] The 2022 Model Policies exacerbate this likelihood of discrimination against transgender students by determining student participation based on sex assigned at birth rather than gender identity. Leaving students to either regularly play on a team that delegitimizes an essential part of themselves or not play at all, the 2022 Model Policies deny transgender students the ability to safely engage in student programming.[9]

It is critical that the 2022 Model Policies implement practices that demonstrate respect, compassion, and dignity for a transgender student’s intrinsic sense of self. To provide a foundation that encourages respect, compassion, and dignity for all transgender students, the 2022 Model Policies should accurately frame sex assigned at birth and gender. Currently, the 2022 Model Policies define gender identity as “an ideological belief that gender is a matter of personal or subjective experience, not sex.”[10] However, gender is a part of everyone’s identity[11] and is essential for how young people perceive themselves.[12] Transgender people face myriad mental health disparities compared to cisgender people,[13] a reality that is exacerbated when transgender people are denied the right to express their gender identities. The 2021 Model Policies provide an example of how the Virginia Department of Education should best honor these basic tenets. The 2021 policies acknowledge and specifically call out the harassment and bullying faced by LGBTQ+ youth and require schools to provide a safe environment for all students.[14] In addition to encouraging specific gender-discrimination remedies and protections, the policies mandate student confidentiality and privacy with an eye to preventing discrimination and abuse.[15]

The 2021 policies also conform with federal guidance and directives that forbid sex-based discrimination and seek to remedy harassment in schools.[16] The 2022 Model Policies fail to conform with federal guidance by preventing equal access to programs and activities in a way that is consistent with a student’s gender identity.

B. Parental Rights and Children’s Freedoms
The 2022 Model Policies indicate that one of their primary aims is to support a parent’s right to direct the upbringing, education, and control of their children.[17] However, these same policies significantly limit the rights of parents who are supportive of their child’s gender exploration, transition, or nonconformity.

Notably, the model policies require that any extracurricular activities separated by sex—including athletics—use students’ assigned sex to determine where they will be placed, and that overnight travel accommodations, locker rooms, and bathrooms be divided on the basis of assigned sex.[18] They limit the name a child may use in school to that provided in writing by a parent or guardian, and do not require school staff, teachers, and other students to use the name and pronouns a child and their family have selected.[19]

It is clear from these policies that a parent who is supportive of their child’s transgender identity has less ability to oversee their child’s upbringing than a family who is critical of it. Supportive parents cannot direct the manner in which their child participates in school activities or the facilities that are available to them, nor can they ensure the use of their child’s correct name and pronouns at school. As such, the 2022 Model Policies provide only an illusory protection of parental rights.

Even if the 2022 Model Policies adequately and uniformly upheld a parent’s right to direct the education of their child, which they do not, they neglect to consider that these rights are not without limitation. While our nation does value parental involvement in a child’s education, that right does not supersede a child’s educational freedoms. These freedoms were no better elucidated than in the landmark desegregation cases of the twentieth century, which rebuked the idea that parental rights included the right to preserve a segregated school system.[20]

While these cases dealt with the issue of race rather than gender identity, they demonstrated clearly that the freedom of parents to direct the education of their children must always yield to children’s “freedom to learn.”[21]

The 2022 Model Policies run afoul of this fundamental freedom by denying transgender children who lack parental support an equal opportunity to participate in the public school system. Under these policies, transgender students may not be referred to in the manner they choose without parental consent.[22] They may not participate in school sports or other extracurriculars, or use bathrooms or other facilities, in a way that aligns with their deeply held understanding of themselves.[23] These policies deny all transgender students, but especially those with parents critical of their gender identity, full access to the privileges and benefits of the public school system and therefore undercut their fundamental freedom to learn.

In addition, the 2022 Model Policies provide that no guidance, training, or other material may encourage or instruct teachers to conceal information about a student’s gender identity from their parents.[24]

However, parents do not have a fundamental right under the Fourteenth Amendment to be informed of their child’s gender identity when it differs from their sex assigned at birth.[25] Policies that instruct teachers to keep a child’s gender identity confidential until they have consented to such disclosure do not undermine parental rights.[26] In fact, schools have a legitimate interest in choosing not to disclose a child’s name or pronouns to parents when they believe that doing so might subject them to abuse, neglect, or other harm.[27] By failing to provide procedures to ensure the privacy of transgender students who do not feel safe or comfortable disclosing their gender identity to parents, the 2022 Model Policies do not adequately protect those children who might face repercussions at home.

C.   Freedom of Expression
The Department insists that the 2022 Model Policies adhere to the First Amendment. Because the First Amendment “forbids government actors to require individuals to adhere to or adopt any particular ideological beliefs,” the Department claims that the practice of using an individual’s preferred pronouns violates principles of religious freedom and forces teachers and students to adopt inconsistent beliefs.[28] This claim is overbroad and erroneous. The cases cited by the Department in no way implicate the use of another individual’s specific name or pronouns as a compelled ideological belief.[29]

We acknowledge that the Sixth Circuit in Meriwether v. Hartop noted that a university professor at a public university plausibly stated a claim for a violation of First Amendment rights when punished for failing to use a student’s appropriate pronouns.[30] But the court’s opinion merely allowed the case to proceed in lower courts. The holding of Meriwether was not applied or relied on in a later case, which noted that Meriwether was not binding precedent and illuminated the “distinction between K-12 schools and universities in addressing speech and other constitutional issues.”[31]

A far more compelling First Amendment argument protects the freedom of expression of all students by allowing them to use the name, pronouns, and other gender expressive means that best communicate their gender identity. Any restriction on a student’s ability to express themselves consistent with their gender identity causes substantial harm and is worth protecting against.[32]

The 2021 Model Policies acknowledge these harms and note that the policies are consistent with the First Amendment because “schools may not prevent students from expressing their identity.”[33] The Sixth Circuit in Meriwether is correct that “titles and pronouns carry a message.”[34] Students’ ability to send this message as an expression of their personal identity and have that message met with dignity and respect is the right that deserves protection.[35] A rule that states otherwise could be met with legal challenge under Title IX and the First Amendment.[36]

Thank you for the opportunity to comment on these proposed model policies. Please contact our advocacy co-chair, Devontae Torriente, at devontae@pennlaw.upenn.edu if you have any questions.

Sincerely,

Black Law Students Association
University of Pennsylvania Carey Law School

[1] If You Really Care About Reproductive Justice, You Should Care About Transgender Rights!, Nat’l Women’s L. Center (Sept. 2015), https://nwlc.org/wp-content/uploads/2015/08/rj_and_transgender_fact_sheet.pdf.

[2] Va. Dep’t Ed., 2022 Model Policies on the Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools 16 (2022) [hereinafter 2022 Model Policies].

[3] Matt Lavietes, Students stage walkouts across Virginia over governor's transgender school policies, NBC News (Sept. 27, 2022, at 1:59 PM), https://www.nbcnews.com/nbc-out/out-news/students-stage-walkouts-virginia-governors-transgender-school-policies-rcna49594.

[4] National Survey on Youth LGBTQ Mental Health, Trevor Project, https://www.thetrevorproject.org/survey-2021/?section=Introduction.

[5] 2022 National Survey on LGBTQ Youth Mental Health, Trevor Project, https://www.thetrevorproject.org/survey-2022/assets/static/trevor01_2022survey_final.pdf.

[6] 2022 Model Policies, supra note 2, at 5.

[7] Beyond Endorphins: The Mental Health Benefits of Youth Sports, Nat’l Council Youth Sports (July 19, 2019), https://ncys.org/beyond-endorphins-the-mental-health-benefits-of-youth-sports/.

[8] LGBTQ Youth Sports Participation, Trevor Project (Sept. 15, 2021), https://www.thetrevorproject.org/research-briefs/lgbtq-youth-sports-participation-2/.

[9] See Ellen Heiman et al., 16 Penn Law Organizations, Statement in support of Lia Thomas, Daily Pennsylvanian (Jan. 25, 2022), https://www.thedp.com/article/2022/01/supporting-lia-thomas.

[10] 2022 Model Policies, supra note 2, at 5.

[11] Transgender Persons, Ctrs. for Disease Control & Prevention (Sept. 14, 2022),  https://www.cdc.gov/lgbthealth/transgender.htm.

[12] Transgender Exclusion in Sports, Am. Psych. Ass’n (Mar. 2021), https://www.apa.org/topics/lgbtq/transgender-exclusion-sports#:~:text=Gender%20identity%20is%20central%20to,entirely%20(ACLU%2C%202020).

[13] Grimm v. Gloucester Cnty. Sch. Bd., 972 F.3d 586, 594 (4th Cir. 2020).

[14] Va. Dep’t Ed., Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools 7 (2021 [hereinafter 2021 Model Policies].

[15] Id. at 11-12.

[16] See 34 C.F.R. ch. I (2021) (applying the decision in Bostock v. Clayton County, which forbids sexual orientation and gender identity discrimination as unlawful sex discrimination, to schools under Title X). A federal court has temporarily enjoined the implementation of these guidelines against several states that do not include Virginia.

[17] 2022 Model Policies, supra note 2, at 5.

[18] Id. at 17-18.

[19] Id. at 16.

[20] Brown v. Bd. Educ., 347 U.S. 483 (1954) (Brown I); Brown v. Bd. of Educ. 349 U.S. 294 (1955) (Brown II).

[21] Joshua Weishart, What the Law Says About Parents’ Rights Over Schooling, Educ. Week (Nov. 29, 2021), https://www.edweek.org/policy-politics/opinion-what-the-law-says-about-parents-rights-over-schooling/2021/11.

[22] 2022 Model Policies, supra note 2, at 16.

[23] Id. at 18.

[24] Id. at 17.

[25] John & Jane Parents 1 v. Montgomery Cty. Bd. Educ., No. 8:20-3552-PWG, 2022 U.S. Dist. LEXIS 149021, at *20-21 (D. Md. 2022).

[26] Id. at 21.

[27] Ricard v. USD, 475 Geary Cty., No. 5:22-cv-04015-HLT-GEB, 2022 U.S. Dist. LEXIS 83742, at *8 (D. Kan. 2022).

[28] 2022 Model Policies, supra note 2, at 5.

[29] See 2022 Model Policies, supra note 2, at 6 (citing West Virginia State Bd. Educ. v. Barnette, 319 U.S. 624, 642 (1943) and Oliver v. Arnold, 3 F.4th 152, 162 (5th Cir. 2021)). The former is a case about saluting the flag. The latter is a case about compelled transcription and recitation of the Pledge of Allegiance.

[30] Meriwether v. Hartop, 992 F.3d 492, 492-503 (6th Cir. 2021).

[31] Kluge v. Brownsburg Cmty. Sch. Corp., 548 F. Supp. 3d 814, 842 (S.D. Ind. 2021).

[32] See supra Section A.

[33] 2021 Model Policies, supra note 13, at 7.

[34] Meriwether, 992 F.3d at 507.

[35] Case Note, Sixth Circuit Holds Public University Professor Plausibly Alleged Free Speech Right Not to Use Trans Student’s Pronouns, 135 Harv. L. Rev. 2005, 2012 (“To ensure that expression of varying and competing viewpoints characterizes campuses, it is crucial to appreciate the complementary relationship between university antidiscrimination policies and academic freedom goals. Indeed, when transgender students are excluded, it is academic freedom that suffers, not free speech that wins.”)

[36] For a fulsome discussion of the likely constitutionality of laws that require the use of an individual’s preferred pronouns, see Tyler Sherman, All Employers Must Wash Their Speech Before Returning to Work: The First Amendment & Compelled Use of Employees’ Preferred Gender Pronouns, 26 Wm. & Mary Bill Rts. J. 219 (2017) (discussing that pronoun laws would require close constitutional scrutiny but should survive due to compelling anti-discrimination goals); Dennis Baron, Does the First Amendment mean “You can’t make me say your pronouns”?, Web Lang. (Jun. 12, 2022, 10:00 AM), https://blogs.illinois.edu/view/25/1559663297 (discussing that pronoun mandates “don’t aim to silence . . . speech” and instead “validate the words of those whose voices have been constantly silenced”).


Don't ever cut parents out of school-child involvement

Dear Virginia Dept of Education,

Schools should never secretly socially transition students and keep the child's new name, pronouns and gender identities from parents. I am pleased and relieved that the Virginia Department of Education's revised model policies support parental rights and ensure that school employees don't cut parents out of critical decisions for their children.

The Virginia Department of Education (VDOE) issued "model policies" in 2021 that encouraged every school district in Virginia to hide a child's new gender identity from parents who choose to affirm the child's biological sex. Under Governor Youngkin's leadership, the VDOE's revised policies make it clear that all children should be valued and parents' rights and beliefs should be respected. The 2022 Model Policies on the Privacy, Dignity, and Respect for all Students and Parents in Virginia's Public Schools keep parents involved in major decisions in their children's lives.

The 2021 VDOE "model policies" encouraged schools to create "a plan (that) may include addressing the student at school with their name and pronoun consistent with their gender identity while using the legal name and pronoun associated with the sex assigned at birth when communicating with parents or guardians."

I strongly support the revised policies that end this practice. Virginia schools should not drive a wedge between parents and their emotionally vulnerable children. Virginia school districts, including those who have already communicated their plans to ignore the 2022 revised model policies, should put an end to secret Gender Support Plans now.

Sincerely,
Robert Rosado
2108 Marlboro Dr
Alexandria, VA 22304

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Dear Virginia Dept of Education,<br /><br />Schools should never secretly socially transition students and keep the child's new name, pronouns and gender identities from parents. I am pleased and relieved that the Virginia Department of Education's revised model policies support parental rights and ensure that school employees don't cut parents out of critical decisions for their children. <br /><br />The Virginia Department of Education (VDOE) issued "model policies" in 2021 that encouraged every school district in Virginia to hide a child's new gender identity from parents who choose to affirm the child's biological sex. Under Governor Youngkin's leadership, the VDOE's revised policies make it clear that all children should be valued and parents' rights and beliefs should be respected. The 2022 Model Policies on the Privacy, Dignity, and Respect for all Students and Parents in Virginia's Public Schools keep parents involved in major decisions in their children's lives.<br /><br />The 2021 VDOE "model policies" encouraged schools to create "a plan (that) may include addressing the student at school with their name and pronoun consistent with their gender identity while using the legal name and pronoun associated with the sex assigned at birth when communicating with parents or guardians." <br /><br />I strongly support the revised policies that end this practice. Virginia schools should not drive a wedge between parents and their emotionally vulnerable children. Virginia school districts, including those who have already communicated their plans to ignore the 2022 revised model policies, should put an end to secret Gender Support Plans now.<br /><br />Sincerely,
<br />Robert Rosado
<br />2108 Marlboro Dr<br />Alexandria, VA 22304<br /><img src="http://admin.phone2action.com/email/open/leg/657523/148810935" width="1" height="1" />


Support Governor!

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Support education that focuses on teaching not worrying about gender affirmation.  Teach the kids how to get along in the world!!


Support Policy

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I support The 2022 Model Policy for Virginia Public Schools as it is an inclusive standard of policy rooted in fact and reinstates the importance of all parents having the responsibility in influencing their child’s physical and emotional development.

The arguments from those who oppose this policy is the concern of truth, parent involvement, inclusion, bullying, abuse and suicide. Despite political and ideological differences, parents collectively want the best education coupled with a safe environment in schools for all children. I believe Governor Youngkin’s 2022 policy is a sincere attempt to do just that and here is why:

Truth. Policies need to be objectively based and not subjectively based. Science must be rooted in objective truth, which is always true for everyone, in all places, across all cultures, geographic boundaries, day or night. The 2022 Model Policy is based on the scientific truth that sex (a biological internal and physical attribute in humans due to chromosomes, gene expression, hormone levels and function, and reproductive/sexual anatomy) determines identification of students and their participation and use in sex-specific activities, events, facilities, and athletics. The importance of this distinction is to prevent reality being distorted by the Postmodern lens, in which the whims of culture “…shift and slide continually with time, especially in an age of ideological conflict and media hype” (Hassan, 2000). Science is not subjective opinion. It defies logic that separation between science and politics should need codification. Modeling “feelings” based in scientific method is detrimental to our children.

Parent Involvement. The 2022 Model Policy establishes that parents have the right to make decisions that is wise and best for their child based on their “customs, faith and family culture”. Schools shall defer to the parent and keep parents informed of their child’s well-being. Schools shall “attempt to accommodate distinctive needs”. The result is the inclusion of all parent/family values rather than one voice of values being pushed into the school environment. It also puts the preponderance of responsibility on the fully formed brain of the adult parent. The 2022 Model Policy supports the responsibility of eligible students and parents to change identity of sex of self and child due to the persistent and sincere belief that his or her gender differs from his or her sex, therefore, removing this responsibility from school officials.

The 2022 Model Policy supports parent involvement because it’s based on scientific facts of childhood and adolescent brain development. The brain structure and development of adolescence are an essential process for finding one’s own identity, sense of belonging with peers, and values through exploration and expression. This process also heightens an increase of risking behaviors and injury, vulnerability to peer pressure, and intense emotional reactions. Yet under the care and guidance of their parents, who assist by instilling a moral compass, will students be able to navigate with resilience this normal progression of adolescence so they will be productive, functioning, and responsible adults (Siegel, 2015). It’s critical for this population experiencing peak brain development from 12-24 years of age to learn truth and be partnered with educators and parents to reinforce proper development of their pre-frontal cortex which is key to reasoning, problem solving, comprehension, impulse control, future thinking, creativity and perseverance. This building of critical thinking on a foundation of truth also decreases susceptibility to ride the wave of social contagion.

Inclusion. The 2022 Model Policy stresses the “maintenance of a safe and supportive learning environment” in schools that “prohibits all discrimination, harassment, and bullying based on national origin, race, religion, sex, disability and political beliefs”. The policy supports students expressing their culture and/or religion through how they dress and encourages diverse afterschool clubs and activities. What the policy removes is the one viewpoint ideology indoctrination which usurps the self-determination rights of students, parents, and faculty.

When alternative points of view are met with inconsiderate bullying and non-inclusive accusations, this invites in-kind exclusive reactions to the other extreme which leads to unproductive polarization. Civil discourse happens when one person respects the humanity of another person while disagreeing with assumptions or beliefs at the same time. Being privileged to live in an autonomous society, each person has the right to dictate their moral choice. That’s what our Constitution supports. However, when one group disagrees with the autonomous belief of another and attempts to shut down their voice, they have switched to a heteronomous society, now dictating how one should believe. In its mildest form that is bullying. In a catastrophic form it can become bi-directional, hate filled discrimination. It is important that when we address problems concerning our children that we address these concerns as much as possible in an apolitical manner.

Bullying. The 2022 Model Policy stipulates that schools provide bullying education, which it does during October with National Bullying Prevention Month observation and throughout the school year. This is the space to put awareness and attention on focusing on the pillar character traits such as trustworthiness, respect, responsibility, resilience, fairness, kindness and citizenship. The policy further states bullying is not tolerated and provides clear guidance to students and parents on how to report incidents of bullying.

If the arguments against The 2022 Model Policy is a preponderance of bullying, the implication is that the previous bullying prevention was not properly implemented and highlights the need of parental involvement partnered with the school to solidify character. Also, when adult bullies get their way, their children will follow their example without discernment because that is what children do. Corrective action is not to indoctrinate with blind acceptance of certain ideology but to uplift character values and not tolerate harassment of any kind. Policy should not encourage degradation of character by encouraging students to lie to their parents and live “double lives” at school. We want to encourage a mentoring environment where students will become future responsible, critical thinking, productive adults in our society.

Abuse. If there is suspected abuse and/or neglect school officials, teachers, nurses and mental health professionals are mandated reporters and are required to report the suspected abuse to local Child Protective Services (§ 63.2-1509 of the Code of Virginia). Failure to report within 24 hours of suspected abuse will result in a fine. If the argument is that there is a preponderance of students who identify as trans are suicidal due to abusive parents that is a serious allegation/statement, which infers that the school is not doing their proper due diligence as mandated reporters per the Code of Virginia.

Section 63.2-100 of the Code of Virginia defines an abused or neglected child as any child under 18 years of age whose parent, guardian, or other person responsible for the child’s care:

Causes or threatens physical or mental injury or creates substantial risk of death, disfigurement, or impairment of bodily or mental functions.

Refuses to provide necessary medical care.

Abandons child.

Commits or allows sexual exploitation of child.

Lack of adequate supervision relative to age of child and cognitive development.

Knowingly leaves child with a person not related to child by blood or marriage and who is required to register as a sex offender.

Who has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C § 7102 et seq., and in the Justice for Victims of Trafficking Act of 2015, 42 U.S.C. § 5101 et seq.

Words matter and we need to use them appropriately.

Suicide. The 2022 Model Policy states, “Schools shall keep parents informed about their children’s well-being”. The school’s responsibility is to keep parents informed of matters concerning and related to the social and psychological development and the health of their child(ren). Parents are afforded the right and responsibility to provide proper mental health and medical care regarding suicidal ideation/attempts for their child(ren).

It has been argued that if students are not “gendered affirmed” that risk of suicide increases. A peer-reviewed Swedish study in February 2011, that focused on a long-term (1973-2003) follow-up of 324 transsexual persons (191 male to females; 133 female to males) who underwent sex reassignment surgery. The results from this study stated that mortality rates, particularly suicide and suicide attempts, of sex-reassigned persons were higher than controls of the same birth sex.

Moreover, Florida Medicaid released their evidence review of accepted medical standards regarding treatment of gender dysphoria found “insufficient evidence that sex reassignment through medical is a safe and effective treatment for gender dysphoria” (2022). The evidence for gender affirming treatment (e.g., puberty blockers, cross-sex hormones, and sex assignment), including evidence of suicidality proved to be low or low quality.  This report echoed the same sentiments of Sweden and Finland, the latter breaking from The World Professional Association for Transgender Health “Standard of Care, Version 7” (2001) stating that the psychotherapy should be the first-line treatment for treating gender dysphoria for youth rather than puberty blockers and cross-sex hormones. The Finish Health Authority 2020 report regarding medical treatment methods for gender dysphoria for youth concluded that gender reassignment was experimental and recommended that a young person must be able to understand the significance of irreversible treatments associated with lifelong hormone therapy.

Evidenced based and non-biased research is showing is that perhaps we need to slow down to address root cause, build efficacy and resilience rather than jumping on the “gender affirming” pipeline to assuage feelings. That time to provide space to decipher whether it’s normal puberty angst, social contagion, or gender dysphoria is the cause. The results of current gender-affirming care practices for children and adolescents are the growing number of destransitioners such as Kiera Bell, Cat Cattinson, and Chole Cole warning about the fallacy that transition is safe and will bring happiness.

Chole Cole, a young woman who detransitioned, expressed her regret and harm done to her by the medical and mental health community. These professionals accepted her self-diagnosis at 12 years old to medically transition that included the removal of her healthy breasts at 15 years old. Speaking in front of the California Senate regarding SB 107 (signed into law 29 September 2022) she stated during her process of exploration and transition “…no one explored why I did not want to be a girl”. As parents and school faculty, we all need to be careful to protect children who struggle with gender dysphoria without leading impressionable minds in directions they would not naturally go resulting in unintentionally hurting the very children we are trying to protect. The 2022 Model Policy provides a safe space for children and adolescents to just be children and adolescents.

References:

Virginia Department of Education. (2022). 2022 Policies on The Privacy, Dignity, And

Respect For All Students and Parents in Virginia’s Public Schools. https://www.scribd.com/document/597159263/2022-Model-Policies-on-the-Privacy-Dignity-and-Respect-for-All-Students-Town-Hall-VDOE#fullscreen&from_embed

Hassan, I. (2000). From Postmodernism to Postmodernity: The Local/Global Context.

Artspace Visual Arts Centre.

Siegel, D. (2015). Brainstorm: The Power and Purpose of the Teenage Brain. Penguin

Random House LLC.

Requirement that certain injuries to children be reported by physicians, nurses,

teachers, etc.; penalty for failure to report, § 63.2-1509 of the Code of Virginia.

https://law.lis.virginia.gov/vacode/63.2-1509/

Definition., § 63.2-100 of the Code of Virginia. https://law.lis.virginia.gov/vacode/

63.2-100/

Dheine, C., Lichtenstein, P., Boman, M., Johansson, A.L.V., Långström, N., Landén, M.

(2011). Long-Term Follow-Up of Transsexual Persons Undergoing Sex Reassignment Surgery: Cohort Study in Sweden. Cohort Study in Sweden. PLoS ONE 6(2): e16885. https://doi.org/10.1371/journal.pone.0016885

Florida Medicaid (2022). Generally Accepted Professional Medical Standards

Determination on the Treatment of Gender Dysphoria. https://ahca.myflorida.com /letkidsbekids/docs/AHCA_GAPMS_June_2022_Report.pdf

Florida Medicaid (2022). Generally Accepted Professional Medical Standards

Determination on the Treatment of Gender Dysphoria. https://ahca.myflorida.com /letkidsbekids/docs/AHCA_GAPMS_June_2022_Report.pdf

The World Professional Association for Transgender Health (2001). Standard of Care,

Version 7. https://www.wpath.org/media/cms/ Documents/SOC%20v7/

SOC%20V7_English.pdf

Finish Health Authority (2020). Recommendation of the Council for Choices in Health     Care in Finland (PALKO / COHERE). https:/segm.org/sites/default/Finnish_

           Guidelines_2020_Minors_Unofficial%20Translation.pdf

 Cat Cattinson (2022, October 20). "My Body Was Never the Problem" - Cat Cattinson

speaks out against the medicalization of minors [Video]. YouTube.

https://www.youtube.com/watch?v=2HS7Gxc4tSg

California Family Council (2022, September 6). Detransitioner Chloe Cole testifies

against CA bill SB 107 - "I'm the canary in the coal mine". [Video]. YouTube.

https://www.youtube.com/watch?v=LvBa3OxqNxE

California Senate (2022, September 29). Senate Bill 107: Gender-affirming health care.

            https://openstates.org/ca/bills/20212022/SB107/


Support for Governor Youngkins' 2022 Guidance

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I support Governor Youngkin's transgender guidance to include parental rights.  The school systems support in the name of equity doesn't wholly answer the issues of possible secretive encouragement of "gender affirming care," in the classroom including medical transitioning. Youths brains do not fully develop until they are in their 20s.  Do we want to affirm social contagion?  Why are there more children than ever before declaring that they are now members of the LGBTQ community?  Would the school systems stand by in the case of bulimia or anorexia and not alert parents?  There will be huge class action suits in the future against school systems who do not include parents in the knowledge of their children's health. The political self-righteousness and ignorance of some of these school authorities is alarming.


NOVA Parents 100% agree with new policy

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This change is badly needed


Fully Support Gov. Youngkin's Proposal on Parental Rights

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<p>I fully support Gov. Youngkin's proposal regarding parental rights.  Many of these comments use the word "children" which is what the opposing side, FXC board of supervisors and FXC schools has lost sight of.  These are CHILDREN not adults.  Just like the drinking age is set at 21 years old due to the fact that portions of the brain (reasoning/judgement) are not fully developed until age 21.  This also goes for such extreme biological issues as gender/transgender/gender dysphoria .  Parents should and must be 100% involved and really are the sole custodians of their children.  Do you pay for the children's upbringing, are they listed as dependents on your tax returns, do you pay for their medical expenses?   I'm also opposed to books or other "educational" material being in the schools about this topic for children under the age of 12.  Possibly in middle school when other sex educations is being introduced but certainly nothing before this age.  My goodness people let these children be children.  Its too much.  I'm so glad my daughters are young adults now and no longer in the FXC public school system!   </p>
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Strongly Oppose

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I am strongly opposed.  Schools should be a safe space for ALL children.  The state should use their resources to improve the delivery of education; not for furthering the agenda of elected official's political aspirations.


If you support this policy, you're not protecting kids, you're putting more in danger

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Consider reading stories from trans and non-binary kids on how they have dealt with these issues


100% Support

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I fully support Gov Youngkin and applaud his initiative.


Strongly oppose

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I submit this comment anonymously as the parent of a child who was misgendered at birth. The discriminatory impact the proposed policies and lose of the existing 2021 model policies have on my family has been felt both physically and mentally in my household. If approved the proposed anti-trans policies would put at risk the phycological health and wellbeing of our transgender elementary schooler who is oblivious to the fact that there is a world of discrimination and oppression for transgender and non-binary persons. She is a healthy happy child who identifies, like many of her peers, as being “just a girl.” She has never been dead named at school or misgendered, she has never had her privacy compromised by school personnel, or been forced to use a restroom that contradicts her identity. She knows nothing of the cruelty and oppression such policies would force on children like herself.

The current 2021 model policies and their influence on those of her school, have been incredibly successful in her time at school. We should not be surprised, they are in line with the policies and guidelines of the American Psychiatric Association, the American Psychological Association, the American Academy of Child and Adolescent Psychiatry, as well as the American Academy of Pediatrics, the American Medical Association and the Endocrine Society. She does not suffer from anxiety, depression or any other mental health issue. She is allowed to develop a positive body image, because her body is not the source of experienced discrimination. The experienced and informed professionals with whom we consult, tell us that she will very likely not require the need for substantial psychological supports through adolescents because of the affirming home, community and school environment she is exposed to. She is proof that the current policies are working. They are working so well that our daughter and her peers, are able to just be innocent children. Her school age family members do not have the stress of worrying about her safety at school or that of their other transgender and non-binary peers. They can trust that their school system has policies and practices in place to support their needs and safety.

Our daughter does not deserve the discrimination these proposed policies would force on children like herself. Every child deserves to see a place for themselves in the world AND a future. Far too many transgender and non-binary children already struggle to see either of those things. The results are terrifying rates of depression, anxiety, self-harm, violence, and suicide. When we know that 2/3rds of our youth will not see or feel that a place exists for them at home, our public schools MUST be the refuge they need to survive into adulthood and beyond. I do not exaggerate that this is life-and-death.


I support trans kids!

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I wholeheartedly supported trans kids


I oppose this guidance

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I'm Julia Cooper, a college freshman who grew up in Alexandria, VA. I've always been proud of where I'm from, telling people at every chance I get-- but this new proposed guidance makes me afraid of what my state could become. America is meant to be a beacon of hope for the world, but this nationwide transphobic rhetoric has contributed further towards the vilification of swathes of Americans. Be it trans people, people of color, immigrants, women, anything-- oppression of any group brings our country down. As a recent high school student, trans-affirming policy means everything to me. I've seen trans friends struggle introspectively with their identities, afraid to present as who they truly are-- just imagine what this legalized transphobia could do to make those fears even worse. Forcing people to live as somebody who they are not is unspeakably dangerous and could absolutely decimate a child's life. Trans people are not a threat, and neither are their journeys to transitioning. Trans people aren't butterflies who must be handled with care either. They are simply people trying to exist and present as who they truly are-- and it's certainly not the business of the state of Virginia.


support for Gov. Youngkin's New Model Policies

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The revisions Gov. Youngkin proposes support parental rights to be involved in every aspect of their children's lives and guide them according to their beliefs and values as primary educators.  The new policy respects school employees' freedom of speech and conscience as well as protects girls' sports and their privacy.


Govenor Youngkin's model policies regarding transgender students.

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Support Governor Youngkin's model policies regarding transgender students.


Protect trans youth

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Trans children need and deserve all the support that we can give.  More protections are needed, not fewer, against bigoted transphobic people.


Go Youngkin !!!

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Please move forward with this common sense!


Support Transgender kids

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It is heartbreaking to see the debate tone around children's right.  All children needs safe and positive learning environment, especially the vulnerable children such as transgender children.  Policies should protect them, not ignore them. I support their rights


Opposes, NO

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This will be another brick on a trans kid's back that will way them down before it kills. This will harm kids, it will hurt adults, and it will destroy families. This isn't right, my friend group is of trans kids, and I am a queer child, and my friends are all affected definitely by their identities but all of them choose their own names and use pronouns that work for them and this will take that away. I can tell you, if this goes threw, my friend group will probably lose some, parents will lose their kids and families someone I can only hope they cared for.


parents should know what goes on in schools

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Parents should always be in "the loop" when it comes to their children, especially elementary school aged kids, including sexual issues, behavior issues, academic issues, etc.  Ideally a partnership should exist to educate our students to be prepared for the world.  We support the Governor.


Support the Paper

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You will get many more 'anti' comments on the question but by and large, the populace of Va. is behind you on this.


oppose


Strongly Oppose!

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<p>I strongly oppose these policies. Virginia should poise itself as a leader of inclusion and acceptance. These policies are backwards movement! </p>


Strongly oppose

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This proposal will do nothing but cause harm.


Transgender policy

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Trans kids deserve autonomy and the right to receive an education in a caring, nurturing environment.  Please reconsider this harmful legislation,  lives literally depend on it.


Strongly Support Youngkin

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Staff & faculty should never be placed in a position of having to compromise their religious beliefs. Being forced to identify someone and acknowledging them by a gender other than the gender God assigned is a violation of their religious freedom. I also strongly oppose allowing teachers to broach the subject of LGBTQ+ in the classroom. This is a matter that can be discussed in homes, but school is not the place to push the LGBTQ+ agenda, especially in elementary & middle schools. Topics this divisive should be avoided at school. Period.  This country still has norms that the majority of people agree upon. Conservatives should not cower for fear of lawsuits and being bullied or strong armed into creating rules that go against the norm. Let's recall what happened when transgenders were allowed to use any bathroom at their whim in NOVA: it resulted in rape. What about females' protections? Can we also consider how a heterosexual male or female might feel when they encounter a transgender as they are using a bathroom? Are their feelings of uneasiness to be disregarded altogether?  Are only the feelings of the LGBTQ+ population to be regarded? We need to get back to common sense, practical basics.


Strongly disagree with these revisions

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As the grandmother of a Virginia public school student, I am concerned that these revisions will lead to bullying and lack of support for trans students.  Further, it is certain to cause mental anguish in students who are trans but their parents do not support them.  It is one thing to depend on parents for the very young, but older children have the right to express themselves, whether their parents agree or not, even before they are emancipated.


Lifelong VA resident...FULL SUPPORT FROM ENTIRE FAMILY


Protect trans kids

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Trans kids experience devastating levels of harrassment, bullying, assault, and consequently, suicidal ideation and behavior. This isn't about parents rights, this is about further injuring a vulnerable group that already experiences victimization at high rates. How hard is it to treat children with a modicum respect? No amount of exposure to trans people, writings, representation, or basic accommodations are going to turn ANYONE'S kid trans. Trans kids exist and will continue to exist even if schools make their lives pure hell in the name of "parent's rights." No child should be discrimitated against because of their gender identity or expression.

I'm a parent of a trans high school student. I love and support my child. Give my child the basic respect he deserves as a human being and make it apparent to him and all other trans kids that their lived experiences are valid and deserve the same basic protections as their cis-gendered classmates.


Trans kids protections

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<p>I do not agree with the proposed changes to protecting trans kids in Virginia schools. I would like Virginia to continue to use the policies implemented last year to keep teams kids safe. </p>


Protect LGBTQIA+ students

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<p>We must provide safe learning environments for all of our students, and allow trans children the safety to express their identities without fear of consequences. Trans rights are human rights. </p>


Protect Trans Youth!

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<p>Children deserve to feel supported and protected at school. I oppose any anti-trans youth measures. </p>


Virginia Resident of many years - please protect ALL children

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<p>As a Virginia resident of many years, I am appalled by the state's opinion that parental rights are more important than the right of a child to (as stated by the policy) "to attend school in an environment free from discrimination, harassment, or bullying." The government ought to take the approach of asking the questions "what will do the least harm?" The reality is, as studies continue to show again and again, that children who identify as trans or queer will suffer harm under regulations that prioritize their parents' rights over their own safety. As a long time Virginia resident (all of my family still lives there), as a graduate of a a Virginia school (W&M), as a Christian, and as the sister of a sibling who identifies and non-binary whom I love and support fully, I appeal to the state of Virginia to allow children to express themselves and BE themselves at school, no matter who they are. The department cannot pretend to "protect and encourage respect for all students" while enacting these policies. It is a blatant hypocrisy. We cannot claim to be a country of "liberty and freedom for all" when the government feels it has the right to intervene in the most personal and private of family matters. Do we really want to set this precedent? Will teachers in the future be forced to tell parents if they see a child in high school asked to the prom? By the logic of these policies, this would be a logical end result. </p>


Heal this Divide

I did not serve this country for children to be silenced for the uncertainty they represent or chastised for what's in their pants. Standards of Care for the Health of Transgender and Gender Diverse People, Version 8 was published this year Sep. 6, 2022. For debating these issues as long as we have we have failed as a nation to provide practical help for these kids when they are "arguably" at their most vulnerable. These children are not a political football, and they honor us with their courage in the face of what used to be called segregation, prejudice.In this fervor to require educators to report students as if they were aberrations instead of people is one of many reasons why these children legitimize suicide over seeking assistance. Without the necessary trust and vocabulary to describe this emotional agonizing they will undoubtedly think less of themselves and discredit their all-too-real suffering. By these actions what else are we teaching them? I understand many people don't experience an incongruence with their sex and gender, but that is an entitlement these discounted teenagers, their denigrated families and healthcare providers do not share.I spent the majority of my youth as a passenger of my story because as a Christian I believed framing dysphoria as a choice, that it was my moral failing, and when I had the opportunity later to search I then believed the false studies criminalizing trans women ad nauseam.For many years I experienced a feeling of loss and contempt that I didn't understand or could vocalize to others. I didn't find the answers in my bible or any textbook. I had reflexively given up on my interests because they didn't get me any further to answering that question, "What's wrong?" That put me at odds with everyone that's tried to help me: parents, teachers, doctors, therapists, the list God knows goes on. When I finally began to accept what I actually had control over and understood as being different, I began to mourn the first 25 years of my life as a man because doing so made me miserable nearly cost me my life anyways.Whipping Girl Author, Biologist, and Gender Theorist Julia Serano echoed similar sentiments:"I who have dwelt in a form unmatched with my desire, I whose flesh has become an assemblage of incongruous anatomical parts, I who achieve the similitude of a natural body only through an unnatural process, I offer you this warning: the nature you bedevil me with is a lie. Do not trust it to protect you from what I represent, for it is a fabrication that cloaks the groundlessness of the privilege you seek to maintain for yourself at my expense."

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value="{"1":2,"2":"   I did not serve this country for children to be silenced for the uncertainty they represent or chastised for what's in their pants. Standards of Care for the Health of Transgender and Gender Diverse People, Version 8 was published this year Sep. 6, 2022. For debating these issues as long as we have we have failed as a nation to provide practical help for these kids when they are \"arguably\" at their most vulnerable. These children are not a political football, and they honor us with their courage in the face of what used to be called segregation, prejudice.\n   In this fervor to require educators to report students as if they were aberrations instead of people is one of many reasons why these children legitimize suicide over seeking assistance. Without the necessary trust and vocabulary to describe this emotional agonizing they will undoubtedly think less of themselves and discredit their all-too-real suffering. By these actions what else are we teaching them? I understand many people don't experience an incongruence with their sex and gender, but that is an entitlement these discounted teenagers, their denigrated families and healthcare providers do not share.\n   I spent the majority of my youth as a passenger of my story because as a Christian I believed framing dysphoria as a choice, that it was my moral failing, and when I had the opportunity later to search I then believed the false studies criminalizing trans women ad nauseam.\n    For many years I experienced a feeling of loss and contempt that I didn't understand or could vocalize to others. I didn't find the answers in my bible or any textbook. I had reflexively given up on my interests because they didn't get me any further to answering that question, \"What's wrong?\" That put me at odds with everyone that's tried to help me: parents, teachers, doctors, therapists, the list God knows goes on. When I finally began to accept what I actually had control over and understood as being different, I began to mourn the first 25 years of my life as a man because doing so made me miserable nearly cost me my life anyways.\n    Whipping Girl Author, Biologist, and Gender Theorist Julia Serano echoed similar sentiments:\"I who have dwelt in a form unmatched with my desire, I whose flesh has become an assemblage of incongruous anatomical parts, I who achieve the similitude of a natural body only through an unnatural process, I offer you this warning: the nature you bedevil me with is a lie. Do not trust it to protect you from what I represent, for it is a fabrication that cloaks the groundlessness of the privilege you seek to maintain for yourself at my expense.\""}"> I did not serve this country for children to be silenced for the uncertainty they represent or chastised for what's in their pants. Standards of Care for the Health of Transgender and Gender Diverse People, Version 8 was published this year Sep. 6, 2022. For debating these issues as long as we have we have failed as a nation to provide practical help for these kids when they are "arguably" at their most vulnerable. These children are not a political football, and they honor us with their courage in the face of what used to be called segregation, prejudice.
In this fervor to require educators to report students as if they were aberrations instead of people is one of many reasons why these children legitimize suicide over seeking assistance. Without the necessary trust and vocabulary to describe this emotional agonizing they will undoubtedly think less of themselves and discredit their all-too-real suffering. By these actions what else are we teaching them? I understand many people don't experience an incongruence with their sex and gender, but that is an entitlement these discounted teenagers, their denigrated families and healthcare providers do not share.
I spent the majority of my youth as a passenger of my story because as a Christian I believed framing dysphoria as a choice, that it was my moral failing, and when I had the opportunity later to search I then believed the false studies criminalizing trans women ad nauseam.
For many years I experienced a feeling of loss and contempt that I didn't understand or could vocalize to others. I didn't find the answers in my bible or any textbook. I had reflexively given up on my interests because they didn't get me any further to answering that question, "What's wrong?" That put me at odds with everyone that's tried to help me: parents, teachers, doctors, therapists, the list God knows goes on. When I finally began to accept what I actually had control over and understood as being different, I began to mourn the first 25 years of my life as a man because doing so made me miserable nearly cost me my life anyways.
Whipping Girl Author, Biologist, and Gender Theorist Julia Serano echoed similar sentiments:"I who have dwelt in a form unmatched with my desire, I whose flesh has become an assemblage of incongruous anatomical parts, I who achieve the similitude of a natural body only through an unnatural process, I offer you this warning: the nature you bedevil me with is a lie. Do not trust it to protect you from what I represent, for it is a fabrication that cloaks the groundlessness of the privilege you seek to maintain for yourself at my expense."


Strongly oppose these policies- trans children deserve protection too

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I can't believe that the new policies will forcibly out children to their parents. This will put children in danger. Not to mention taking away counseling for students is extremely harmful. What is the harm in using children's correct names and pronouns? Why don't we focus on fixing actual problems, like school shootings and the suicide rates of trans youth? Trans youth are people too and deserve rights and protections.


youngkin? more like oldkin!

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This old bag of bones has been a pebble in all of our shoes and I'm so fed up with him. there is nothing wrong with children knowing what they want. to deny them this right of freedom of sexual orientation is denying a basic CONSTITUTIONAL RIGHT OF FREEDOM OF SPEECH. I'm a child and I'm here lecturing the close-minded, insecure, teeny tiny old people who literally don't know how to restart their computer or set up a facebook account. I am disgusted and disappointed, not that youngkin would care since he obvious has no respect for the LGBTQIA+ community and yet here I am, telling my grievances to my government. I don't know how much of an opinion I hold because I'm straight but on behalf of my LGBTQIA+ friends, I will simply not stand for this and respect this goofy- ass man with his goofy-ass policies.


Please don't enact this!

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<p>Please don't enact this! This guidance is incredibly anti-LGBTQIA+ and is wholly unfair. </p>


Support Pro Parent Policies !

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Parents know their children's needs better than anyone. The new policies protect the fundamental religious liberty interests of personnel and students


Not fair

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This is not fair and not right! I FIRMLY OPPOSE this action!


This bill is going to kill trans youth

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By denying trans kids safety and privacy, along with ACCESS TO COUNSELING, this bill is attacking an already marginalized group. Many trans youth aren’t lucky enough to have one or more supportive parents, and studies have PROVEN time and time again that having any semblance of a support system, that means acceptance and validation, can reduce the suicide rate of trans kids by 93%. It is evil that Youngkin and this bill, through all the issues plaguing this state and this country, that he would choose vulnerable children. For the lives of our trans youth, vote in opposition to this bill.


Strongly support - 100%

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Strongly support - Its great to have parents involved with their children's lives.


Killing our youth

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This will definitely kill our youth . Having to defend yourself from your peers and the staff is way too much for any adolescent we need to protect all of our youth period


I OPPOSE the guidance.


Oppose

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I oppose the new legislation against trans and non binary students. I am a teacher. These students have rights and are supported by most of their teachers and peers. Please do not subject them to embarrassment and shame.


I OPPOSE YOUNGKIN'S ANTI-TRANS SCHOOL POLICY

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Youngkin's anti-trans school policy is not evidence based but based only on discrimination and hate which will lead to more violence against trans students. It is cruel and will lead to even higher suicide rates among trans youth. This isn't about parents' rights but about safety and equality. Protect trans youth.


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I strongly oppose the guidance, which will inflict unnecessary and cruel trauma, and further marginalize, transgender children. School should be a safe place for ALL children.


Policies concerning transgender and non-binary students

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value="{"1":2,"2":"Legally, policies concerning students must be grounded in the principle of protecting their safety and wellbeing. As the parent of a non-binary child, I recognize that my adult child's gender identity was not a choice or phase; it is one aspect of who he is. The aim of the Youngkin administration's proposed policies is ostensibly to protect the rights of parents. In considering these proposed policies, it is and must remain clear that under state and federal law, the safety and wellbeing of children take precedence over the wishes of a parent when a parent's wishes are contrary to the best interests of their child. The Commonwealth of Virginia has a legal obligation to protect children, and the prospect of legally forcing educators disclosure to parents a child's expression in a school setting of their gender identify would have the illegal effect of putting at risk a significant proportion of the students concerned. Such risk is not hypothetical, as attested by the tragic statistics regarding transgender and non-binary children forced from their homes by parents or who commit suicide due to hopelessness and desperation grounded in parental rejection of who they are. The Youngkin administration's proposed new policies regarding students' expression of their gender identity are wrong-headed and fundamentally illegal. They must be withdrawn and the current, protective policies must remain in effect."}">Legally, policies concerning students must be grounded in the principle of protecting their safety and wellbeing. As the parent of a non-binary child, I recognize that my adult child's gender identity was not a choice or phase; it is one aspect of who he is. The aim of the Youngkin administration's proposed policies is ostensibly to protect the rights of parents. In considering these proposed policies, it is and must remain clear that under state and federal law, the safety and wellbeing of children take precedence over the wishes of a parent when a parent's wishes are contrary to the best interests of their child. The Commonwealth of Virginia has a legal obligation to protect children, and the prospect of legally forcing educators disclosure to parents a child's expression in a school setting of their gender identify would have the illegal effect of putting at risk a significant proportion of the students concerned. Such risk is not hypothetical, as attested by the tragic statistics regarding transgender and non-binary children forced from their homes by parents or who commit suicide due to hopelessness and desperation grounded in parental rejection of who they are. The Youngkin administration's proposed new policies regarding students' expression of their gender identity are wrong-headed and fundamentally illegal. They must be withdrawn and the current, protective policies must remain in effect.


Trans rights are human rights

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<p>It is wrong to strip kids from their identity and what they feel most comfortable in. They should be allowed to express themselves in whatever form they please and it is not ok to tell them they can't. </p>


Education system in  Virginia

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To whom it mash concern:

having 2 children, 4 grandchildren  and 1 great grandson (who has yet to enter school), I must agree that parents should be the foremost determinators for their children’s education in what they are taught, how they’re taught, and have any and all rights/privileges to know what is happening in their classroom, school and educational program.
please do not place gender identity, LGTBQ+ as a dominant determinative.


Protect All Children by Supporting Transgender Rights

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Rolling back regulations that protect transgender students in public schools:

harms the human rights and dignity of any and all student(s) with or without gender dysphoria.

by harming the rights of some students this creates stress and harm to other students and staff by putting them in an unethical situation.

common-sense protections for gender-orientation including Trans and Gender Nonconforming, and other vulnerable minority youth populations are supported by American Medical Assocation, American Psychological Association, as well as the American Occupational Therapy Association and many other well-reputed groups.


WE ELECTED YOUNGKIN FOR A REASON

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Keep fighting the good fight


Protect Kids from Early& Middle School CRT, Sexualization, and Political Indoctrination

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Everyone in our family is college educated.  I have 2 masters degrees (MBA, and Environmental Engineering) plus I got 2/3rds of the way through an Education Masters to teach HS science and math before determining that VA public schools are too broken for me to make a difference. My parents were poor and neither of them attended college. The only way I could afford college was to earn an NROTC scholarship and attended UW, Madison.  I decided I'd teach HS science and math when I was planning on leaving the Navy.  However, well into the 3rd masters, one of the very few VA Charter School principles teaching at ODU took me aside and told me that, while I'd make a good HS teacher, he didn't feel any of the principles in Hampton Roads high schools would be willing to support me teaching at any levels or standards that he thought I'd be satisfied with but he'd be happy to write recommendations to several schools in the state with much higher standards that would appreciate my abilities and background.  That was a wake-up call.  After 23 years as a Navy pilot, instructor, squadron commander, and nuclear aircraft carrier Air Boss, I was not willing to move my family again simply to find a school willing to accept reasonable standards and support student discipline.  I believe all students, even the most impoverished, can learn to expect more of themselves than even some of their parents--and the vast majority of Hampton Roads public school administrators and teachers do.  So I switched into the engineering department to complete my 2nd masters and went on to complete a 2nd 23 year career as a hydrogeologist, environmental engineer and project manager in both the private and Federal sector

Our elder son earned a full Navy scholarship to MIT and earned a BS in Mechanical Engineering, performing so well that the Navy sent him immediately to the Navy Postgraduate School in Monterey where he completed a Masters in Mech Eng before reporting to the Navy's Nuclear Engineering program.  After 7 years in the nuclear submarine program he decided to return to the private sector and joined a Fortune 500 energy company and completed an MBA at UNC Chapel Hill. He and his wife now are entrepreneurs with their own business in OKC.

My youngest earned a full scholarship to UVA where he completed a dual undergrad in biology and chemistry and a masters in organic chem.  He and his wife (an architect) both went to Tulane where she completed a masters in architecture and he completed a 2nd masters in Chemical Engineering. She works at a mid-major architectural firm in New Orleans and he manages a growing draft beer company in that city.  Both of our sons left Virginia because of the lack of good jobs and Virginia's political war on energy which directly impacts those future job opportunities.  And after over 50 years, my wife and I will likely be moving closer to them next year.  We've already purchased land in NW Florida.

None of us would have been enriched with early school or middle school indoctrination in race hatred which is the basis of CRT in practice, early sexualization via LGBTQ agendas, or socialism --all of which seems to be central to just about every Ed School in the country --and getting worse--since I first attended a very liberal and politically explosive UW, Madison as an undergrad (1967-1971).  All of this appears to be a deliberate choice, not an attribute or an improvement.  US public schools have had declining standards and performance since the early 1970s and, frankly, I believe the ONLY possibility that public schools will survive into the future is through full school choice where the parents decide the best school programs for their children and education tax money moves with each child into those programs.  Only total immersion into a free market system will force public schools to compete with the other alternatives--or close due to lack of students.  We've tried throwing more money into a broken system for over 40 years with only failing student performance scores while the public school staff to student ratio has increased exponentially--with each new staffer robbing from the classroom and the teachers who deserve higher pay which also creating more programs and demands on the teachers to justify the new staffer's existence.

Get rid of CRT! I can't think of a more destructive thing you can do do to students than to tell the minority students they have no chance of success because they were born in an evil country that won't give them a chance.  There was no country in the world that did not practice slavery at one time or another but the US only practiced slavery for less than 200 years and has done more than any other nation to eradicate it and lift the quality of live for all.  Nor is it any less destructive than teaching White kindergarten and lower school students that they are inherently evil and immorally priviledged because they have White ancestors who only succeeded because they took what wasn't theirs from other cultures.  This only generates hate and hurt between students that spills over as violence and criminal acts both in the schools and out into communities.


Oppose as a business person, parent, and human

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<p>I am strongly opposed as a business person, parent, and human. </p>


Strongly Oppose

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<p>I strongly oppose this harmful and hateful policy that does not respect or value trans students. These students will suffer the most from a policy aimed at furthering the political objectives of the Governor. </p>


Strongly Support Policy Change!!!

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<p>Thank you Gov Youngkin. </p>


I OPPOSE

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<p>I oppose the guidance!!! Let the transgender youth be who they want to be, we have to support those who want to be who they truly are. We have to support their mental health as to not loose anymore lives to suicide. </p>


Strongly Oppose

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All should have equal rights, period. This policy, if enacted, will result in dead children.

Study after study shows that supporting and affirming transgender people, particularly children, significantly improves their mental health and decreases the likelihood of suicide.

This policy does not protect anyone, and is discriminatory to trans kids.


Trans Rights

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If you're a concerned parent, consider how your child feels about this, not you.


Do not do this.


Strongly opposed

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Keep trans rights, this is messed up


I oppose the guidance.

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<p>Trans students are statistically more likely to consider, and follow through on suicidal thoughts. Keeping CHILDREN safe, alive, and happy is what matters right now, not your own ignorant fears on how someone expresses their gender. </p>


Transvestites need help,  not coddling

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Step into the real world people


Oppose anything that limits human rights

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Schools should be a safe place. This policy seems to inappropriately target trans kids and parental rights to meet a specific political agenda. Can we please focus on providing our kids an inclusive, high quality education where they are treated equally and equitably?  We should assume inclusivity at the highest degree. Leave kids alone. They deserve better.


Strongly SUPPORT Guidance Document Change

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<p>Parents must be informed in everything involving their children. Bathrooms must be biological gender only! Anything else would be unsafe. Maybe there should be a bathroom for transgender students only. </p>


Strongly Oppose

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<p>You are putting children in danger. </p>


STRONGLY OPPOSE - PLS PROTECT CHILDREN

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<p style="text-align: center;">By allowing these policy changes to take place we will be actively telling the children of virginia that we do not care about them. </p>


STRONGLY OPPOSE as an educator and parent!

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<p>Oppose these homophobic and racist policies. Our trans kids need support (and so do kids who just can’t hold their pee for some made up bathroom rules!) and all school boards need to provide true medically supported neuro-emotional resources for kids being bullied. School boards are meant to support students, educators, and families of all kinds - NOT further ostracize and torment students - which is exactly what policies like these proposed ones would enable. </p>


COMPLETELY SUPPORT


Strongly Oppose

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This will put many young LGBTQ+ students in harmful situations at home, what happened to  “protecting our children?”


Oppose this policy

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<p>Trans rights are human rights.  Kids will die because of this </p>


THIS NEW BILL

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I’m strongly opposed to this. It will hurt my friends and could make some kids suicidal.


Do not pander to mental illness 100% SUPPORT

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The original policy is ridiculous


Protect trans youth

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<p>This seems to be a topic where there is so much misunderstanding. Misunderstanding of the trans community. Our policy makers need to talk to trans students and their families to have a better understanding of what these folks are going through. We need to create a safe educational environment for all students, yes. We need to make policies to protect trans students physically and emotionally. </p>


Protect trans an non-binary youth!

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<p>Youngkin’s hateful policies which ignore the science behind a child being trans will only hurt students. Growing up in Northern VA, and having gone to both public and private schools, I have seen the hate first hand that LGBT students receive not only from their peers, but also teachers, and even their own families. We cannot keep losing kids to suicide because they feel unsupported, unseen, and feel like things will never change. We should instead be fostering safe spaces for kids to be able to express themselves as they figure out their identities. Many kids do not have a safe home life, and school can be the only place where they feel safe. Children are people too, and deserve human rights. Trans rights are human rights. </p>


Let trans kids be


oppose 2022 policy; support 2021 policy

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I strongly oppose this new draft policy that seeks to replace 2021 model policies on the treatment of transgender and non-binary youth.  The 2021 guidance was sensible and positive, assisting education agencies to adopt comprehensive policies to create inclusive affirming learning environments that protect students from discrimination, bullying and harassment in schools.

Public schools should be safe, welcoming, and inclusive. Every child in Virginia deserves access to a safe place to learn and the suggested 2022 policy changes will increase the risk that transgender children will no longer feel supported in the school environment.

I am particularly concerned about the removal of protections against bullying, harassment, and discrimination based on sexual orientation and gender identity. In removing these protections, the Virginia Department of Education is effectively endorsing bullying, harassment, and discrimination based on sexual orientation and gender identity.

All students will feel less safe, and therefore less able to learn, in an environment where certain groups of students are set aside for targeted bullying by other students, staff, and parents. Under this guidance, public schools will be teaching that bullying is acceptable, allowed, and encouraged. Under this guidance, public schools will be teaching bullying -- which should not be in the lesson plan of any school system.

As a parent and grandparent, I want our Virginia public schools to be welcoming for all students and staff, including those who are transgender and non-binary. The 2021 model policies offer excellent guidance toward that goal. Let's stick with the 2021 guidance and treat all students with respect.


I Support This Proposal!

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I love the balance that is struck in this proposal and document. It emphasizes respect for all without pushing ideological agendas on our children, and most importantly, it restores the place of the parents as the primary educators of their children. I have no respect for our public school system as it's been for decades, but this absolutely is an important step in the right direction.


Don’t block  TRANS RIGHTS

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<p>All student have the right to attend school and should not be objected to scrutiny because of they are trans.  </p>


Terminology and Definitions

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The 2022 Model Policies define far fewer terms regarding gender identity than the 2021 Model Policies. The 2021 Model Policies defined eleven scientifically-backed and LGBTQ+-inclusive terms surrounding gender identity. The 2022 Model Policies define only two terms regarding gender identity: “sex” and “transgender student.”

Neither of these definitions meet the evidence-based best practices as is required in Va. Code § 22.1-23.3(A). Sex is defined as “biological sex” in the 2022 Model Policies. The 2022 Model Policies also define “transgender student” as “a public school student whose parent has requested in writing, due to their child’s persistent and sincere belief that his or her gender differs with his or her sex, that their child be so identified while at school.” Both these definitions use outdated and scientifically incorrect terminology in defining the trans identity. The 2022 Model Policies’ definitions and terminology cannot meet the evidence-based best practices requirement.

Notably, the 2022 Model Policies define being trans as depending on parents’ recognition instead of the student’s self-identification. They further call being trans the student’s “belief” which reinforces the false narrative that being trans is a choice as opposed to a deeply held knowledge and realization of one’s identity. It further operates on a male/female binary by using the term “his or her” that is demonstrably and scientifically false as it erases the existence of intersex and nonbinary people. This shift in definitions completely strips trans children of the self-determination of their identity in Virginia’s public schools.

This is wrong because it leaves Virginia students open to discrimination. Students in Virginia deserve to be as free of discrimination as they can possibly be, and these policies do not achieve this. Protecting students, for any and all reasons, should be of the utmost priority.

This affects my best friend’s younger brother. He is a transgender student in Virginia living under the roof of a step-parent who would never accept him if his identity was revealed. These policies, in that they place the onus on the parent to grant legitimacy to a student’s identity, will do just that for my friend’s brother and many other students in the state. He could lose housing. He could suffer violence. The mental exhaustion of dealing with teachers who may not respect him could make him perform worse in school or suffer from depression and anxiety.

For these reasons, I ask you to repeal the 2022 Model Policies and reinstate the 2021 Model Policies