Gov. Glenn Youngkin said he wants to take politics out of K-12 education. His approach to doing so sure is putting a lot of politics into K-12 education.
Youngkin’s Virginia Department of Education released its final version of the Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools on Tuesday. The Orwellian name for the “Model Policies” is, as you’d expect, a cover for what it really is – a rollback from the department’s policies for privacy, dignity and respect for trans students from the administration of Ralph Northam, a Democrat, that had been adopted in 2021.
The new Model Policies, most notably, will prohibit school districts from protecting trans students against forced “outing” to their parents, which the person who wrote the press release for the VDOE actually bragged about.
“After the 2021 Model Policies purposefully kept parents in the dark about their child’s health and wellbeing at school,” the release said, “the 2023 Model Policies restore parental rights in decision making about their child’s identity while protecting the safety and dignity of all students.”
And then there’s this tone-deaf quote from Secretary of Education Aimee Guidera: “There is nothing more important than creating a safe and vibrant learning environment for all our students. These policies clarify that parents are the appropriate decision makers regarding their child’s health and wellbeing, and that students are best served when parents, teachers, and school administrators work as a team to support a child’s education.”
The new Model Policies, of course, ignore that some parents may not want to accept their child’s identity, that identity isn’t a “decision” to be made, and that a school outing a kid could then put them at risk.
But then, this Model Policies thing isn’t about what’s best for kids, but rather, about politics.
“The VDOE updated model policies reaffirm my administration’s continued commitment to ensure that every parent is involved in conversations regarding their child’s education, upbringing and care,” Youngkin said in a statement put out by his office on Tuesday.
“Public comment, input and concerns were carefully evaluated and assessed to formulate the updated model policies,” Youngkin said. “The Department of Education has delivered policies that empower parents, prohibit discrimination, create a safe and vibrant learning environment by addressing bullying incidents immediately, and protect the privacy and dignity of all students through bathroom policies, athletic procedures, and student identification measures.”
The part to his statement about public comment, input and concerns being carefully evaluated is basically nonsense. There were than 70,000 comments from the public on the draft Model Policies, the vast majority of which were in opposition, pointing out the obvious – that the new policies are not only a move in the wrong direction, but actually dangerous to trans kids.
“Not only does VDOE’s decision dismiss the will of the majority of Virginians it’s meant to serve, it willfully disregards evidence-based best practices and existing law. These policies recklessly endanger the safety of trans youth across the Commonwealth, who deserve to learn free from fear, stigma, and discrimination,” said Wyatt Rolla, ACLU of Virginia’s Senior Transgender Rights Attorney.
Per the ACLU, Virginia state law, specifically Va. Code § 22.1-23.3.(A), gives VDOE authority to issue model policies on the treatment of transgender students that are “in accordance with evidence-based best practices.”
Among the questions that need to be asked: is limiting access to restrooms consistent with a student’s gender identity, in direct tension with federal law (Grimm v. Gloucester County School Board), done in accord with “evidence-based best practices?”
The new Model Policies also prohibit teachers and school staff from calling students by their affirming names and pronouns unless there is written permission from a parent, and allow teachers and staff to disregard parent’s written instruction and misname and misgender students in the classroom based on their own personal beliefs.
Where is the evidence telling us that this is the best way to address a trans youth?
“We are horrified that VDOE opted to move forward with proposed model policies that at best invite – and at worst, require – discrimination, that violate state and federal law, and that have no place in Virginia schools,” said Breanna Diaz, ACLU of Virginia Policy and Legislative Counsel. “This action ignores the voices of a clear majority of Virginians who submitted comments opposing the model policies when the department first proposed them.”
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Chris Graham
