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Fairfax County Public Schools (FCPS) Superintendent Michelle Reid announced on Tuesday that the district will not comply with the new guidance on bathrooms and pronouns issued by Gov. Glenn Youngkin.
After conducting a thorough legal review, Reid stated that the district’s policies align with the state’s anti-discrimination laws, which justify their decision.
In September 2022, the Virginia Department of Education revised its Model Policies for the Treatment of Transgender Students in Public Schools.
The updated guidelines address the previous administration’s disregard for parental rights and other legal principles affecting the education of transgender students. These policies reference the 14th Amendment of the Constitution, affirming parents’ fundamental right to direct their children’s upbringing and education.
As per the model policy, every local school board is obligated to adopt policies consistent with the 2022 Model Policies. However, FCPS is resisting this requirement
. In a letter, the school district emphasized their commitment to creating a safe, supportive, and inclusive environment for all students and staff, including transgender and gender-expansive individuals.
The letter further affirms three key points: First, students and staff will continue to be addressed by their chosen names and pronouns, in accordance with FCPS Regulation 2603 (V) and federal law.
Second, they will have access to facilities, activities, and trips that align with their gender identity, as provided by Regulation 2603 (IX) and federal law.
Lastly, the privacy of transgender and gender expansive individuals will be respected regarding their gender identity, legal name, or sex assigned at birth, as outlined by FCPS Regulation 2603 and federal law. Through these measures, FCPS aims to ensure a safe and inclusive educational environment for all students, irrespective of their gender identities.
This move by FCPS is a clear departure from Gov. Youngkin’s guidance. By asserting the consistency of their policies with the state’s anti-discrimination laws, the district attempts to justify its defiance. The legal review undertaken by Superintendent Reid provides the basis for this claim.
The Virginia Department of Education’s updated Model Policies highlight the shortcomings of the previous administration’s guidelines.
By recognizing the fundamental right of parents to direct the upbringing and education of their children, the policies seek to rectify the earlier neglect of parental rights and constitutional principles.
While every local school board is expected to adopt policies consistent with the 2022 Model Policies, FCPS shows resistance. In their letter, they express a firm commitment to creating a safe, supportive, and inclusive environment for transgender and gender-expansive students and staff.
According to FCPS’s letter, students and staff will be addressed by their chosen names and pronouns, as indicated by FCPS Regulation 2603 (V) and federal law. Furthermore, their access to facilities, activities, and trips will be determined by their gender identity, following Regulation 2603 (IX) and federal law.
The privacy of transgender and gender-expansive individuals will also be upheld, ensuring that information about their gender identity, legal name, or sex assigned at birth remains confidential and respected, aligning with FCPS Regulation 2603 and federal law.
FCPS’s decision to defy Gov. Youngkin’s guidance sets them apart. They argue that their policies are in line with the state’s anti-discrimination laws, which they justify with the legal review conducted by Superintendent Reid.
By acknowledging the significance of parents’ fundamental right to direct their children’s upbringing and education, the Virginia Department of Education’s updated Model Policies rectify the previous administration’s violations of parental rights and constitutional principles.
Despite the obligation for local school boards to adopt policies consistent with the 2022 Model Policies, FCPS stands in opposition. Their commitment to fostering an inclusive and safe learning environment extends to transgender and gender-expansive students and staff, as emphasized in their letter.
FCPS assures that students and staff will be referred to by their chosen names and pronouns, adhering to FCPS Regulation 2603 (V) and federal law. Additionally, access to facilities, activities, and trips will be granted based on gender identity, as outlined in Regulation 2603 (IX) and federal law.
Respecting the privacy of transgender and gender-expansive individuals is vital, and FCPS aims to protect this privacy by safeguarding information related to gender identity, legal name, and sex assigned at birth, as stated in FCPS Regulation 2603 and federal law.
By resisting Gov. Youngkin’s guidance, FCPS asserts its position. Superintendent Reid’s legal review forms the grounds for their claim that their policies align with the state’s anti-discrimination laws.