Virginia Gov. Glenn Youngkin's Department of Education releases finalized new policies on transgender students

The Virginia Department of Education on Tuesday released its final model policies for public schools across the state on the treatment of transgender students regarding bathrooms, athletics and the use of pronouns in the classroom — changes Republican Gov. Glenn Youngkin says increase the rights of parents when it comes to their children's upbringing. 

Youngkin has argued that the 16-page model policies "on ensuring privacy, dignity and respect for all students and parents in Virginia's public schools," released by his administration Tuesday, are intended to prohibit discrimination while also empowering parents. 

Encouraging partnership, the document explicitly states while "public schools, teachers, counselors, and administrators also play an essential role," it is parents who "are a child’s primary and most important educator." Regarding school restrooms, the updated guidance says, "Single-user bathrooms and facilities should be made available in accessible areas and provided with appropriate signage, indicating accessibility for all students."

"To ensure that all students have access to a learning environment in which they feel comfortable and safe, where state or federal law requires schools to permit transgender students to share otherwise sex-segregated facilities (such as bathrooms or locker rooms) with students of the opposite sex, parents should be given the right to opt their child out of using such facilities, and the child should be given access to alternative facilities that promote the child’s privacy and safety," it says. "Eligible students should be given the same right to opt out." 

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The issue reached a fever pitch in Virginia in June 2021 when the father of a girl who was raped in a high school restroom by a so-called "boy in a skirt" in Loudon County was dragged out of a school board meeting and arrested. It was revealed the same transgender student had been accused of sexually assaulting at least two other girls elsewhere in the district before being transferred, sparking cries of a cover-up by the school board. Youngkin was elected governor in November 2021 after campaigning heavily in favor of parents' rights. 

Regarding the identification of students, new state Department of Education policies say school personnel "shall refer to each student using only the pronouns appropriate to the sex appearing in the student’s official record — that is, male pronouns for a student whose sex is male, and female pronouns for a student whose sex is female." 

The model states no policy, guidance, training or other written material issued by the school division may encourage or instruct teachers to conceal material information about a student from the student’s parent, including information related to gender. 

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School personnel shall refer to a student by a name other than one in the student’s official record, or by pronouns other than those appropriate to the sex appearing in the student’s official record if the student’s parent has instructed school staff in writing that such other name or other pronouns be used. In that case, the model states such written instruction will be memorialized in the student's official record, but the legal name and sex of a student shall not be changed. 

"Every effort should be made to ensure that a transgender student wishing to change his or her means of address is treated with respect, compassion, and dignity in the classroom and school environment," the model states.

For any athletic program or activity that is separated by sex, the model states that "the appropriate participation of students shall be determined by sex rather than gender or gender identity," and that school division staff "shall provide reasonable modifications to this policy only to the extent required by law." 

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"This is about doing what’s best for the child," Youngkin said in an interview with The Associated Press. "And oh, by the way, also recognizing that we need to ensure the privacy and dignity and respect of all children and all parents in the school system. And that’s what I think we have... very carefully constructed here."

The changes have been welcomed by conservative lawmakers and advocacy groups, while some Democratic lawmakers and LGBTQ advocacy groups have strenuously objected, arguing that already vulnerable youth will be further put at risk.

The Associated Press contributed to this report.