CHESTERFIELD COUNTY, Va. — More than 136 people signed up for public comment at Chesterfield's School Board meeting Tuesday night, and almost all of them spoke out about the district's policies regarding the treatment of transgender students, also known as "1015."
Last month, the district released a draft of policies that some parental rights advocates said were more in line with the Virginia Department of Education's draft model policies.
Just days before the meeting, the district revised their policies again, changing language to say that "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."
Still, per Virginia code, school personnel are prohibited from parental contact where a student is in imminent risk of suicided related to parental abuse or neglect.
The new policy axed the prior policy vocabulary provided at the top of Policy 1015, as well as prior dress code policies related to those who identify as transgender.
It also says the following: "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 teachers and counselors in the district, 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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