Lawsuit Against FCPS May Be Coming to Enforce the Model Transgender Policy


TransgenderAs recently reported HERE and HERE, Fairfax County Public Schools (FCPS) has announced that it will not comply with the Virginia Department of Education’s recently-issued model transgender policy.  The refusal violates a Virginia statute that expressly requires school boards throughout the Commonwealth to adopt policies consistent with the model policy.  In defying the law, FCPS has thrown down the gauntlet and dared the Attorney General to sue.

It appears that a lawsuit may in fact be coming.  Governor Youngkin has recently stated that compliance with the model policy is mandatory and that school boards “will comply.”  Another tea leaf appeared today.  The Attorney General, Jason Miyares, at the request of Governor Youngkin, has issued a ten-page legal analysis, concluding that the model policy complies with all applicable federal and state civil rights laws.  The text of the opinion is HERE.  This seems to be a preliminary step toward filing proceedings in court.

If the Attorney General is forced to sue, and if FCPS doesn’t then withdraw its rejection of the model policy, FCPS will incur very substantial legal fees, perhaps several hundred thousand dollars, in resisting common sense rules that balance respect and compassion for troubled teens against parental rights and the privacy interests of non-transgender students.  FCPS’ one-sided policy, which enshrines the desires of a tiny minority over majority rights, continues to be baffling.

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  1. Valerie Waddelove on August 24, 2023 at 6:07 pm

    This is the next logical step. I have just read the Students Right and Responsibilities document and find that besides the language being overblown, it more or less immediately states policies which defy the Commonwealth’s model policies. I think they are preferable to what Fairfax County has proposed.

  2. Justin on August 24, 2023 at 6:50 pm

    Everyone, please vote for school board members who aren’t insane. Please and thank you 👍🏻

  3. Richard Saunders on August 24, 2023 at 11:30 pm

    “FCPS will incur very substantial legal fees, perhaps several hundred thousand dollars, in resisting common sense rules”

    I wonder how much of our money they have wasted so far in diversity, equity, and gender affirming lawsuits.

  4. Alice Guo on August 27, 2023 at 11:24 pm

    Please bring common sense back to schools. In the name of diversity, equity and inclusion, many girls would rather not go to bathrooms during the day than risk sharing with a transgender biological boy. Is it inclusion, or is it tyranny by a minority?

    The sun rises in the east. Should it also choose a spectrum of directions from which it rises to defy common sense and exert some ridiculous identity policy?

    • Mark Spooner on August 28, 2023 at 7:08 am

      Alice: Thanks for your comment.

  5. Emilio Jaksetic on August 31, 2023 at 10:31 am

    Parents of students in Fairfax County Public Schools (FCPS) should consider asking a lawyer licensed to practice in Virginia: (1) whether they would have standing recognized under Virginia caselaw to bring an action against FCPS under Virginia Code Title 22.1, Chapter 7, Section 22.1-87 to challenge application of the FCPS transgender policy to their children; and (2) whether the Virginia courts (especially the Virginia Supreme Court) have issued any decisions concerning the application and limits of actions under Section 22.1-87 that would be pertinent to the specific facts of their particular situation.

    • Mark Spooner on September 1, 2023 at 12:50 pm

      Emilio: I believe that a nonprofit organization representing parental involvement in education would have standing to sue. Hopefully, the Virginia Attorney General will spearhead the legal battle by suing to compel FCPS to adhere to the model policy.