Fairfax School Superintendent Reacts to Youngkin Transgender Policy; Fairfax Schools Monitor Responds

 

Superintendent Reid’s Letter to Fairfax Families

On Friday, September 16, The Virginia Department of Education, under the Republican administration of Governor Glenn Younkin, published a new model policy for dealing with transgender issues in public schools (hereinafter “Model Policy”).  The new policy differs in important respects from the existing transgender policy of the Fairfax County Public School system (“FCPS”).  I reported on the differences a few days ago and predicted that FCPS would resist the new state policy.  See “Youngkin Administration Revamps Model Transgender Policies,” September 17, 2022.

Over the weekend, the Fairfax County Superintendent of Schools published a letter to all FCPS families concerning the Model Policy.  Here it is:

September 18, 2022

Dear FCPS Families,

On Friday evening, we became aware of a new proposed model policy from the Virginia Department of Education regarding the privacy, dignity, and respect for all students, staff, and families in Virginia’s public schools. The newly proposed model policy is scheduled for a 30-day public comment period starting September 26.

I understand the concerns that our LGBTQIA+ staff, student, and family community have about what this change of direction by the state may mean for our school division. Please be assured that FCPS remains committed to an inclusive learning environment for each and every student and staff member and that our schools will continue to be safe and respectful learning spaces.

Here at Fairfax County Public Schools, we are dedicated to providing a caring climate and culture where each and every student, staff member, and family is welcomed, respected, valued, and supported, as they experience a deep sense of belonging.

Our core beliefs and mission hold that:

Fairfax County Public Schools inspires and empowers students to meet high academic standards, lead healthy, ethical lives, and be responsible and innovative global citizens:

• • • • Each student is entitled to an excellent education that meets his or her individual needs.

      • Everyone thrives in a vibrant, healthful, safe, enriching, and respectful environment.

      • Our diversity is a strength that creates resilient, open, and innovative global citizens.

These core values and beliefs speak to the very heart of who we are at Fairfax County Public Schools, and our students, staff, and families, are counting on us to adhere to them. These core values –  to enhance school safety and create a fair, equitable, and supportive school environment – are also outlined in the 2022-23 Student Rights and Responsibilities.

We will be thoroughly reviewing the new state proposed model policy in the coming days and will share a more detailed response to the newly proposed policy soon. In the meantime, we remain committed to maintaining equitable opportunities and access for each of our students, staff, and families in a justice-centered, future-focused, and student-driven school environment.

Warmest regards,

 Dr. Michelle Reid
Superintendent
Fairfax County Public Schools

Response to Superintendent Reid

The Superintendent’s letter does not say what FCPS’ response will be, but her tone suggests that the leaders of the school system view the new Model Policy as a threat to FCPS’ caring climate and culture.  I decided to respond to the letter quickly so that FCPS’ leadership would have a countervailing point of view before they issue an attack on the policy.  Therefore, I wrote to the Superintendent yesterday evening.  Here is the text of my letter:

Dear Dr. Reid:

Your memo to Fairfax County families suggests that the newly issued Model Policy of the Virginia Department of Education (VDOE) may be inconsistent with the core beliefs and mission of Fairfax County Public Schools (FCPS).  It is not.  It does not in any way diminish the goal of providing a safe, healthful, inclusive, nondiscriminatory learning environment for all students.  Indeed, the Model Policy promotes those goals in ways that the existing FCPS Policy does not.

The Model Policy begins with an explicit recognition that:

“each child is a unique individual with distinctive abilities and characteristics that should be respected.  All students have the right to attend school in an environment free from discrimination, harassment, or bullying.  The Department supports efforts to protect and encourage respect for all students.  Thus, we have a collective responsibility to address topics such as the treatment of transgender students with necessary compassion and respect for all students.”

The Model Policy calls for “a safe and supportive learning environment free from discrimination and harassment …” and “prohibits all discrimination, harassment and bullying.”  It requires that school personnel be trained annually on health, safety and mental wellness support to students.

The Model Policy differs from FCPS policy in three principal ways:

1. 1. 1. 1.  Whereas FCPS Policy 2603.2 requires schools to hide a student’s gender identity issues from parents if a student expresses reluctance to share his or her feelings with them, the Model Policy requires parents to be informed so that they can exercise their “fundamental right to make decisions concerning the upbringing, education, and care of [their] child,” as provided by Virginia law.  Va. Code §1-240.1.  Parents, not schools, know what’s best for their kids in the vast majority of cases.  Parents, not schools, have the primary right to, and responsibility for, raising their kids in a safe, healthy, ethical, caring manner, and for dealing with any mental health issues their kids may have.  Existing FCPS policy violates Virginia law and improperly assumes that schools are better situated than parents to deal with issues of gender dysphoria.

One of the frequently discussed issues regarding transgender policy is whether teachers and fellow students should be required to use a new name and/or personal pronouns chosen by a student.  FCPS Policy 2603.2 answers this question in the affirmative.  Thus, if twelve-year-old Sam announces that he wants to be called Sue and to use non-gender-specific pronouns (as in “Sue left their backpack on the desk”), school personnel must adhere to that choice.  In contrast, the VDOE Model Policy requires schools to respect the decision of the student’s parents.  Under this policy, changing the name or pronouns used in addressing a student at school is permitted, but only if the parents authorize it.

Is it wrong for Sam’s parents to decide that he shouldn’t change his name?  Is a school better situated than the parents to make this decision?  Regulation 2603.2 essentially tells parents: “We know best, and you can’t interfere with how we decide your child should be raised.”  It improperly assumes that if Sam’s parents disagree, they are trying to raise their child in an unsafe, unhealthful, non-inclusive manner.

There can be situations in which a child has abusive or incompetent parents, and there are laws and procedures for addressing those situations.  But the general rule should be that the judgment of the parents has priority, as provided in the Model Policy.

2.  Regulation 2603.2 essentially says that if a transgender student wants to use the locker room and restrooms of the opposite gender, he or she has an absolute right to do so, and if other students object, the burden is on them to find an alternative for themselves.  Thus, if a biological male wants to use the girls’ shower facility, he can do so if he asserts transgender status, and all the girls must either submit or ask the school to find an alternative for them.  To say that this is “safe, healthful, inclusive and nondiscriminatory” is ridiculous.  It assumes that the only person who has any rights is the transgender student.  Providing a caring, inclusive environment is not a one-way street in which the interests of one individual are given priority over the rights of everyone else.

I recently posted an article on FairfaxSchoolsMonitor.com entitled “Trans Rules Fairfax Schools,” based on the fact that Regulation 2603.2 allows a minority of one student in a school of hundreds to rule the roost, disregarding the legitimate interests of others.  The regulation is a radical view of what “inclusivity” means.  The VDOE Model Policy has a more equitable balance:  It encourages accommodating the transgender student if feasible.  But it quite properly recognizes that others have privacy rights that may prevail.

3.  Regulation 2603.2 allows transgender, biological males to compete in girls’ intramural athletics.  The VDOE Model Policy differs; it says that participation should be by biological gender.  The rationale for this is obvious, so I won’t belabor it.  The Fairfax regulation is another example of a misguided view of “inclusivity” and “nondiscrimination.”

The School Board may have a knee-jerk tendency to resist the VDOE Model Policy.  A balanced reevaluation, however, should lead to the conclusion the Regulation 2603.2 went way to far in one direction.  And even if the Board disagrees with the Model Policy, it should obey the law.  Section 22.1-23.3 of the Virginia Code requires local school boards to adopt policies that are consistent with the VDOE Model Policy.  The current Fairfax regulation is clearly inconsistent with the Model Policy’s treatment of parental rights, use of intimate private areas, and athletics.

Sincerely

Mark Spooner

What Will Happen Next?

Superintendent Reid’s letter says that FCPS will thoroughly review the new state model policy in the coming days and “will share a more detailed response to the newly proposed policy soon.”  I learned today that the School Board will be conducting a closed-to-the-public meeting this afternoon.  I strongly suspect that the purpose of this meeting is to discuss how to respond to the Model Policy.

It would be welcome news if the Board decides to conform its existing policy to the Model Policy.  I don’t expect this, but we will see.

If the School Board announces that it will oppose the Model Policy, concerned citizens should make their views known.