Conversations with KK: Protections for Trans and Gender Expansive Youth in Virginia Schools

By: Colleen K. Vesely

On September 16, 2022 Virginia Department of Education rolled out 2022 Model Policies on the Privacy, Dignity, and Respect for all Students and Parents in Virginia’s Public Schools, which withdrew the Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools (adopted in March 2021). The 2021 Model Policies provided specific protections for trans and gender expansive youth in Virginia Public Schools including use of bathrooms, pronouns, and names that the student felt best reflected their gender, regardless of their sex assigned at birth. These were decisions the student and/or their parents could make, without any additional paperwork or fuss that might further marginalize the student.

The new 2022 Model Policies document includes a section (22.1-23.3) focused on “treatment of transgender students; policies” noting the Department of Education will make available “model policies” to schools to guide their treatment of transgender students. It includes sample policy, “for consideration or use by local school boards as they develop and implement their policies in compliance with the Act.” The sample policy notes that school personnel “shall” only refer to students with the official name and pronouns associated with the student’s sex indicated on their official school record, unless written instruction (permission) from the student’s parent or guardian. It also indicates that “students shall use bathrooms that correspond to his or her sex”.

This Act and the school division policies that will flow from it will further marginalize trans and gender expansive children and youth in Virginia, especially those living in communities already hostile towards LGBTQIA people. I encourage you to read the 2022 Model Policy as well as the 2021 Model Policy, and be sure to register your public comment here from September 26th- October 26th.

KK had some thoughts about these new rules, and how she anticipates they might impact her.

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