Governor Glenn Youngkin’s administration has recently responded to Fairfax County Public Schools’ decision to defy state guidance on gender and pronouns. According to the Virginia Department of Education, the school board is required by law to adopt model policies provided by the department. However, the policies implemented by Fairfax County Public Schools do not align with the guidance outlined in the model policies.
FCPS Superintendent Michelle Reid announced the district’s defiance of Youngkin’s new guidance, arguing that their current policies are consistent with federal and state anti-discrimination laws. The district believes that their approach promotes inclusivity and protects the rights of transgender and gender-expansive individuals.
In September 2022, the Virginia Department of Education updated its Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools. It criticized the previous guidelines for not considering parental rights and pushing a specific viewpoint. The new policies require school activities to be separated by sex and restrict student participation to the sex assigned at birth. Additionally, students are required to use bathrooms that correspond to their sex assigned at birth.
The Virginia Department of Education emphasizes that parents have the right to make decisions for their children. They cite the 14th Amendment as a protection for parents’ rights in education. In response, the administration issued “board model policies” to ensure compliance with non-discrimination laws and the appropriate treatment of transgender students in the school system.
Despite the conflict between the governor’s administration and FCPS, the school district remains committed to creating a safe and inclusive environment for all students and staff, including transgender and gender-expansive individuals. They will continue to use chosen names and pronouns, provide access to facilities and activities based on gender identity, and respect privacy regarding transgender status and assigned sex at birth.
This ongoing disagreement between the state and the school district raises important questions regarding the rights of transgender students and parental authority in educational decision-making. As the situation unfolds, the impact on both the school district and the broader community will continue to be of great interest. Stay tuned for further developments on this issue.