Local school districts weigh nuances, legal questions of new transgender policy

‘We want to do what’s right by children first. And we also want to make sure that we follow all laws that are applicable with the policy too.’

VIRGINIA – Wednesday, Pulaski County Public Schools’ new superintendent, Rob Graham, met with district officials to discuss the upcoming school year and the new guidance on transgender students from the Virginia Department of Education.

The new guidelines left districts to evaluate the nuances and potential legal consequences.

“Looking through what the state has provided is a lot of information,” Graham said. “We want to do what’s right by children first. And we also want to make sure that we follow all laws that are applicable with the policy too.”

The guidelines say students who are minors must be referred to by the names and pronouns in their official records, unless a parent approves the use of something else. The policy also states that students should use bathrooms or locker rooms based on their sex assigned at birth, though parents can “opt-out” to give their child access to a “sex-separated” facility.

The policy does provide exceptions under federal law, citing the 2020 Virginia court case Grimm vs. Gloucester County School Board, which found Title IX can protect transgender students from school bathroom policies that prohibit them from affirming their gender.

School districts across Southwest Virginia, turning to their lawyers to determine how to proceed. A spokesperson for Roanoke City Public Schools released this statement to 10 News:

“We are currently reviewing the Virginia Department of Education’s 2023 Model Policies and are awaiting further guidance from the Virginia School Board Association, whose policy subscription service we utilize.”

A Salem City Schools Spokesperson said, “We are reviewing the Governor’s policy as a staff, and we plan to discuss this with our board members when we convene again in early August. The school board has not met since Governor Youngkin made this announcement. We are also in contact with our school board attorney Jim Guynn, and we will lean our professional organizations like VSBA for further guidance, if needed.”

10 News reached out to the Virginia School Boards Association, but has not heard back.

With the start of school two weeks away, Graham is asking parents for patience.

“I think that’s difficult,” Graham said. “We’re not going to rush. It would be nice to have the policy in place before children come back to school because we don’t want to have them confused.”


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