Largest VA School District Openly Defies Anti-Trans State Policy In Latest Announcement

Fairfax Public School District announced early Tuesday morning that it would not comply with a new state-level anti-trans school policy, the latest school to reject Governor Youngkin's efforts.

On Tuesday, Fairfax County Public Schools said it won't enforce or adopt recent policies from Gov. Glen Youngkin targeting transgender people in schools. Titled "Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia's Public Schools," the model policies would, among other things, prohibit transgender students from using restrooms that match their gender identity and require teachers to use names and pronouns inconsistent with a student's gender identity. When introduced in 2022, the policies faced significant backlash: More than 70,000 public comments poured in, with the vast majority opposing the directives. Additionally, thousands of students staged walkouts across Virginia. Now, the state's largest school district is among those openly defying the governor's policy.

The model policies, finalized on July 18, exploit a 2020 law designed to protect transgender students from school discrimination. This law was enacted under Gov. Ralph Northam. Just as similar discriminatory policies have failed to pass in many Republican-controlled states, Virginia's also failed to enact such policies when they were defeated in the Democratic-controlled Senate. Yet, under the misleading banner of "protecting students," Gov. Youngkin's measures actively mandate discrimination against transgender students. The original 2020 law was never intended to facilitate such overt discrimination, but it's now being used for this purpose.

The new policies mandate, among other things:

• Force teachers to misgender transgender students unless given parental consent.

• Force trans students to use the wrong restroom based on their "biological sex," effectively denying them access to the restroom that aligns with their identity.

• Forcing teachers to out transgender students by insisting schools cannot withhold gender-related information from parents.

• Erode the trust between students and counselors by demanding parental permission prior to discussing gender identity.

• Prohibit transgender students from participating in sports, a measure Virginia's legislature has explicitly rejected.

Fairfax County Public Schools (FCPS), in response to this, decisively announced their refusal to comply with the new discriminatory policies. In an email to parents on Tuesday morning, the FCPS Superintendent confirmed that transgender students will still be addressed by their chosen name and pronouns. They will maintain access to facilities in line with their gender identity, and their privacy will be upheld.

The message emphasized, “Let me be clear that FCPS remains committed to fostering a safe, supportive, welcoming, and inclusive school environment for all students and staff, including our transgender and gender expansive students and staff.”

See the full letter here:

Letter to Fairfax County Public Schools district.

Fairfax County Public Schools is not the first school district to reject the policies, but it is the largest. Earlier, Arlington Public Schools announced its own intent to protect transgender students n the school, stating that their policies “will stay as is” around protecting transgender students. Last year when the initial model policies were released, school districts in Richmond, Falls Church, and Alexandria also released similar letters.

While Fairfax County Public Schools stand defiant, not all school districts in Virginia are resisting Governor Youngkin’s discriminatory policies. Spotsylvania County Public Schools, situated about an hour from Washington, D.C., embraced these policies in a school board vote on Tuesday morning. This decision bans transgender students from activities and facilities that align with their gender identity, flagrantly violating the precedent set by the 4th Circuit Court in Grimm v. Gloucester County. This ruling clearly affirmed the rights of transgender youth to use facilities corresponding to their gender identity. Protests led by LGBTQ+ advocates in the district are anticipated later today.

As of today, the Movement Advancement Project notes that only four states have forced outing policies targeting transgender youth, with an additional 6 states promoting such policies. These states are all controlled by Republican supermajorities - such policies could not pass in the majority of states in 2023. Some school districts in Virginia will now join the ranks of these states if they adopt such policies.

You can see the states here:

Movement Advancement Project. "Equality Maps: Forced Outing of Transgender Students." www.mapresearch.org/equality-maps/youth/forced_outing. Accessed 08/15/2023.

Governor Youngkin's next step remains uncertain, especially given that these laws lack any tangible penalties for non-compliance by schools. Regardless of threats from the governor, more and more school districts are resisting overt policies mandating discrimination. Those schools choosing to align with the state's mandate likely run afoul of federal laws like Title IX, which is widely recognized to shield transgender individuals from educational discrimination. With Virginia’s largest school district taking a clear stance against these measures, the state's transgender community and their allies now await Gov. Youngkin's next move.