CHESTERFIELD COUNTY, Va. — The Chesterfield County School Board voted to pass a revised transgender policy after a debate that began Tuesday night and stretched into Wednesday morning.
Among the policy changes were removing definitions and the section on dress code.
The board kept language stating a student's transgender status would only be shared with staff for legitimate reasons and with parents or guardians upon request.
They also added language that parents can provide input on counseling -- but adds state code bars parental contact if a student is at "imminent risk of suicide related to parental abuse or neglect."
It also keeps policy that students can assert a new name and gender. But they removed a proposed addition that would have required parental notification.
However, they reinstated and tweaked old language that says in order for staff to use the new name and pronoun, they need the request from both the student and parent, rather than student or parent, effectively meaning the parent will still be aware of the request.
It also added that staff can't be made to use the new identities if it violates their constitutionally-protected rights, but school board counsel did clarify staff have to follow an HR process to establish their beliefs.
More than 136 people signed up for public comment at the school board meeting.
Almost all of them spoke out about the district's policies regarding the treatment of transgender students, also known as "1015."
The district released a draft of policies last month that some parental rights advocates said were more in line with the Virginia Department of Education's draft model policies — which the Governor's Office touted as championing parent's right to know.
But just days before Tuesday's meeting, the district revised the policies and changed the language to say, "school personnel shall treat information relating to a student's transgender status as being particularly sensitive, shall not disclose it to other students, and shall only disclose to other school personnel with a legitimate educational interest and to a parent or guardian upon request."
Virginia code states school personnel are prohibited from parental contact where a student is in imminent risk of suicide related to parental abuse or neglect.
In addition to changing the wording, the new policy also states, "Notwithstanding the other provisions of this policy, the school division shall not compel school division personnel or other students to address of refer to students in any manner that would violate their constitutionally protected rights."
Todd Gathje, the VP of Government Relations for the Family Foundation, came to the meeting to ask the Board to return back to the November version of draft policies to abide by the Virginia Department of Education's model policies, reinstating language that would allow for parents and guardians to be informed if their child may be asking to go by a different name or use different pronouns.
"The Board had started on a path that actually would have put in place good policies that upheld these protections," Gathje said. "It also gave teachers and administrators guidance."
"Every parent wants to be informed about what's going on in school when they're not there with them. So, there was specific language in there that would've insured that schools cannot instruct or create policies that would undermine parental rights, that would somehow withhold information from parents," Gathje said.
Gathje said that could include a parent's right to know if their child is receiving counseling related to their gender identity, and the right to opt out of that counseling.
"State law is clear, the school board must pass policies consistent with the VDOE model policies, the current draft simply does not do this. For example, these policies do not protect girls from boys in bathrooms, locker rooms, or overnight lodging. They specifically say that a student can claim to be any gender without any substantiating evidence, and they do not provide adequate protections for parental rights," said John Hetzler with Founding Freedoms Law Center, who's also a CCPS parent.
However, several Chesterfield teachers and counselors, as well as current or past transgender students from the district, said any changes made to the district's original policies can be harmful, including the most recent December draft, because it could essentially "out" students to families that may not be understanding or supportive.
"You ask us to have a master's degree, you ask us to have a license, and your new policy would make us go against what is considered best practice for our policies," said Christina Mejia, a school counselor and CCPS parent. "Are you aware that there have been over 1,200 threat assessments done for self-harm this year alone in Chesterfield? I don't know if you've sat and heard children tell you that they hate their lives, but I have. With your new policy, I'm afraid that that number is just going to increase."
Daniel Gorman, a school counselor, said he believes the clause about the policy that says that it will not compel staff and students to address or refer to anyone in a way that may "violate their constitutionally protected rights" may lead to bullying.
"Despite all the language about anti-bullying and anti-discrimination, if a staff member or student who wants to intentionally disrespect a transgender student, they can," Gorman said.
Grayson Arthurs with "He, She, Ze, and We" said the policy does not protect students who may face violence in their home if their parents are notified of their child's request to go by a different name or pronouns.
"So, if a trans child is outed to their parents, without the child's knowledge, they're being sent into the unknown, they could potentially be abused, they could be kicked out of the home, left homeless, they could be driven to potentially suicide," Arthurs said.
After a discussion changing some language in the draft, the board voted 3-2 to pass the policy.
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