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Guidance Document Change: The Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools guidance document was developed in response to House Bill 145 and Senate Bill 161, enacted by the 2020 Virginia General Assembly, which directed the Virginia Department of Education to develop and make available to each school board model policies concerning the treatment of transgender students in public elementary and secondary schools. These guidelines address common issues regarding transgender students in accordance with evidence-based best practices and include information, guidance, procedures, and standards relating to: compliance with applicable nondiscrimination laws; maintenance of a safe and supportive learning environment free from discrimination and harassment for all students; prevention of and response to bullying and harassment; maintenance of student records; identification of students; protection of student privacy and the confidentiality of sensitive information; enforcement of sex-based dress codes; and student participation in sex-specific school activities, events, and use of school facilities.
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2/3/21  12:20 pm
Commenter: Concerned Citizen

Oppose Model Transgender Policy see comments
Bullying should not be accepted in any form.
On page 7 it states: “First Amendment: The First Amendment protects freedom of speech and expression. Schools may not prevent students from expressing their identity.”  But the First Amendment also protects non-LGBTQ+ to freely express that people are either male or female.  Or would that speech be prohibited?

On page 7, under Title IX of the Education Amendments of 1972, it states “This may be understood” in the second sentence.  I will note the use of the “may.”  In that law, I believe the term “sex” meant male and female, not the other categories.

On page 7 it states: “Equal Protection Clause of the 14th Amendment: This clause guarantees every citizen equal protection under the law. It protects LGBTQ+ youth in schools from unfair or discriminatory school actions.” But doesn’t it protect non-LGBTQ+ from unfair or discriminatory school actions too?  Like the freedom to be in a locker room and not be exposed to the opposite sex’s genital?

 On page 6 is provides a definition for “LGBTQ+”, I believe the “L” “G” “B” “T” and somewhat “Q” are defined, but could you provide a definition for “+”.  Generally, in regulations and laws—terms need to be defined in a specific way to ensure the policy encompasses what it is supposed to.  It seems like the “+” would leave open the door to some group to say they are included in this regulation when the intention was not to include them.  Does the “+” include students who what the age of consent lowered to age 17? What about students that want the age lowered to 16 or 15 or maybe 12?  Does it included females that believe they were not made to be married to only one husband?  

Regarding this proposed policy, “Access to facilities such as restrooms and locker rooms that correspond to a student’s gender identity shall be available to all students.” It is easy to see that a male could use this policy to gain access to a female locker room for voyeuristic proposes.  In addition, if transgender is going to be acknowledged, there needs to be some way to officially change from one the other and not just letting students do it at anytime.  If a male walks into a female restroom for voyeuristic proposes and all he has to say to get out of trouble is “I changed to transgender for that time”—that should not be allowed.

If a girl over 18 decides only wears the male part of a bathing suit at a swim competition and children are there watching, she could be charged with indecent exposure.  The only exemption to the law is breastfeeding.

The family is the foundation of society.  If a child is having issues in this realm, the schools should be required to tell the parents of this issues.  School are not there to supplant parents.  Yes, if abuse is suspected it should be reported to authorities.

Males and females are biologically different.  Allowing a male to participate in female sports is cheating and should not be allowed.  It robs females of equal protection and will rob them of athletic scholarship opportunities.  Funding used to support males in female sport should be counted as male expenditures for title IX.  If a female is injured due to a male being allowed to participate in a female sport, could there be any legal ramifications?

CommentID: 95309