Virginia still reviewing feedback on policies limiting transgender student rights

(Updated at 5:30 p.m.) The Virginia Department of Education has no clear timeline for when its new policies on the treatment of transgender students will take effect, leaving Fairfax County Public Schools and other local school districts waiting to see if the state makes any changes in response to vocal opposition to the proposal.

It has now been over a month since the state closed its public comment period for the draft “model” policies, which would require schools to identify students based on their sex assigned at birth and prohibit discipline for deadnaming or misgendering a student even if they get their official school records changed.

“The model policies document has not been finalized. The department is still in the process of reviewing public comment,” VDOE communications director Charles Pyle told FFXnow.

The department received more than 71,000 comments on the policies — some supportive, some critical — while the forum was open from Sept. 26 to Oct. 26.

The policies could’ve taken effect as soon as the comment period ended, but the VDOE said last month that the implementation would be delayed by 30 days under a state code provision that requires a delay if a guidance document might contradict state law.

Opponents of the proposed policies have argued that they would violate the Virginia Human Rights Act, which prohibits discrimination based on gender identity. A section on student participation in athletics also goes against the state law that directed VDOE to create the model policies, which explicitly excluded sports from consideration.

Though the additional 30-day deadline has now passed, Pyle says VDOE has no sense of when its public comments review might finish, citing the volume of comments. The department’s staff can make revisions to the draft guidelines, which must be approved by the state superintendent.

“We have more than 71,000 comments to sort through and the department is exploring options for completing the review,” Pyle said in a statement. “Even after the comments are reviewed, the department will take the time necessary to identify and make any edits identified and warranted by the review.”

The Fairfax County School Board has indicated it won’t adopt the model policies, which contradict its existing policies supporting LGBT students. The Board of Supervisors issued a formal statement opposing them, arguing that they would defy legal precedent and harm transgender and other gender-nonconforming students.

Gov. Glenn Youngkin, who has championed the policies as “protecting parents’ fundamental rights to make decisions for their children,” will be in Fairfax County tomorrow to celebrate last week’s opening of the extended I-66 Express Lanes.

According to a media advisory, Board of Supervisors Chairman Jeff McKay will also attend the ribbon-cutting ceremony in Fairfax Corner, but no policy discussions are expected between the Democratic chair and Republican governor.

“We are guessing the Governor is already well aware of Chairman McKay’s on-the-record staunch opposition to the proposed change in model policies and its impact on Fairfax County families,” McKay’s office said.

After the ribbon-cutting, Youngkin is scheduled to appear in Arlington for an unspecified economic development announcement.