Comprehensive Policies Proposed To Protect Transgender Students

The HHS student came out to his parents as trans when he was in ninth grade. The news was at first met with mixed feelings from his mother.

“She was kind of iffy. ... She felt like she was losing a daughter,” said the high school senior, who wished to remain anonymous. “But now she’s like my top supporter.”

It wasn’t just his parents who were supportive. Teachers at HHS also proved to be reassuring, making sure to change his name on report cards before they got to him and advocating for his name and gender marker to be accurate in the school’s record-keeping system, the student said.

Having teachers and administrators use the name and gender that students ask for made a huge difference in whether students succeed or not, the HHS senior said.

“To not hear your dead name over the PA system, to not see your dead name in your library history, to not see your dead name in the line at lunch,” he said. “When someone tells you they have a name and pronouns, use them.”

The Proposed Policies

During the 2020 General Assembly session it was mandated under state law 22.1-23.3 that the Virginia Department of Education develop and approve policies for the protection of transgender students’ rights.

Once the policies are approved by the Virginia Department of Education, they will be made available to school divisions for implementation for the 2021-22 school year. The policies, which were in the public comment phase that ended Feb. 3, cover everything from anti-discrimination and bullying, maintenance of a safe learning environment, accurate student record-keeping, protection of student privacy, and access to programs, groups and facilities without discrimination based on students’ identification as transgender.

Harrisonburg City Public Schools and Rockingham County Public Schools are taking different approaches for implementation of these policies. HCPS already has in place protective measures for trans students, while RCPS is taking more of a wait-and-see approach.

“The DOE hasn’t approved these model policies ... but still it’s up to an individual school division to adopt the policies as they are or adopt their own policies,” said Oskar Scheikl, superintendent of Rockingham County Public Schools.

The policies were in the public comment phase since early January. The number of comments received on the policies was extensive.

“Relevant VDOE staff have been reviewing the comments as they have come in, but given the volume of public comment received, we don’t anticipate agency approval of a final guidance document until later this month,” said Charles Pyle, director of media relations for the Department of Education. “This is department guidance, so final approval will be by the state superintendent.”

Why These Proposed Policies?

According to state law, each school board should adopt policies that are consistent with but may be more comprehensive than the model policies developed by the Department of Education.

“Division superintendents are required to certify annually compliance with all applicable state laws, standards and regulations, including requirements related to the adoption of state-mandated local policies,” Pyle said.

The proposed policies are extensive, comprehensive and extend protection to all transgender students in all areas with the exception of sports, which is under the purview of the Virginia High School League.

The need for protections for transgender and gender non-conforming students is evident when viewing the statistics on transgender youth and the challenges they face in school and out.

According to the Centers for Disease Control and Prevention, about 2% of high school students identify as transgender, representing 1.3 million trans youth under the age of 17.

According to the Trevor Project, transgender youth reported significantly increased rates of depression, suicidality and victimization compared to their cisgender peers. Notably, in 2018, one in three transgender youth reported attempting suicide, almost one-third reported being a victim of sexual violence, and more than half reported a two-week period of depression.

Only 12% felt like their school division was advocating for them and protecting their well-being, and 27% reported feeling unsafe in school, as compared to 6% of their cisgender peers. Cisgender means identifying with the gender assigned at birth.

According to the Human Rights Campaign Foundation, 73% of surveyed LGBTQ+ youth have experienced verbal threats because of their actual or perceived LGBTQ+ identity, 77% of youth report feeling depressed or down over the course of a week, and more than 70% report feelings of worthlessness and hopelessness in a week. And 95% of surveyed LGBTQ+ youth report trouble sleeping at night.

And if students aren’t feeling unsafe in school, they are often too focused on overcoming the social stigma they are facing to be successful in school, said Emily Sproul, director of the Shenandoah LGBTQ+ Youth Center in Staunton.

The center serves youth in Augusta County, Rockbridge County, and Rockingham County, as well as the cities they surround.

“Transgender students face challenges such as bullying and harassment, and it’s often on two fronts, at home and at school,” Sproul said.

The proposed policies by the Department of Education are “important because they provide visibility and confirmation that trans students exist in schools,” Sproul said.

It’s especially important in rural areas of the commonwealth, where there is more denial that kids can know they are trans in kindergarten through 12th grade. If a school division can deny that trans students exist, they don’t have to provide protection against harassment and bullying, Sproul said.

What Do These Proposed Policies Entail?

Here is a breakdown of the big picture information included in the policies:

• On harassment and bullying: “The school division prohibits any and all discrimination, harassment, and bullying based on an individual’s actual or perceived race, color, national original, religion, sex, sexual orientation, gender identity, disability, or any other characteristic protected by law. Any incident or complaint of discrimination, harassment, or bullying shall be given prompt attention, including investigating the incident and taking appropriate corrective action, by the school administrator.”

• On student privacy: “All school personnel will adhere to legal standards of confidentiality relating to information about a student’s transgender status, legal name, or gender assigned at birth. In addition to adhering to all legal standards of confidentiality, school personnel will treat information relating to a student’s transgender status as being particularly sensitive, will not disclose it to other students and parents, and shall only disclose to other school personnel with a legitimate educational interest.”

• On student identification: “Schools will allow students to assert a name and gender pronouns that reflect their gender identity without any substantiating evidence. School staff will, at the request of a student or parent, address the student using the asserted name and pronoun that correspond to their gender identity.”

• On record-keeping: “In situations where school staff is required to use or to report a transgender student’s legal name or sex assigned at birth, such as for purposes of standardized testing, school staff and administrators should adopt practices to avoid the inadvertent disclosure of such information. Upon the request of a student or parent, schools shall use the asserted name and gender on other school records or documents. Records of former students may also be re-issued with the submission of legal documents substantiating the amended name and gender.”

• On dress code: “Dress and grooming codes will be written relating to the attire or articles of attire without limits on gender expectations. Students have a right to dress in a manner consistent with their gender identity or gender expression. Schools will administer and enforce dress and grooming codes consistently across the student body, regardless of actual or perceived gender identity or gender expression. Requirements for attire for school-related programs, activities, and events shall be gender-neutral.”

• On access to activities and facilities: “Schools will eliminate or reduce the practice of segregating students by gender to the extent possible. For any school program, event, or activity, including extra-curricular activities that are segregated by gender, the school division will allow students to participate in a manner consistent with their gender identity.”

• On access to restrooms/locker rooms: “Access to facilities such as restrooms and locker rooms that correspond to a student’s gender identity will be available to all students. Upon request, single-user, gender-inclusive facilities or other reasonable alternatives will be made available to any student who seeks privacy. Any options offered shall be non-stigmatizing and minimize lost instructional time.”

Although these policies have not yet been adopted by the Virginia Department of Education, and guidance from the Virginia School Board Association based on those policies has not been released, area school divisions have considered what these policies would mean for them.

The language of the law clearly states that school divisions will be required to adopt these policies for the 2021-22 school year.

Harrisonburg City Public Schools’ Response

The timing of the public input period for Virginia’s model policies for the treatment of transgender students couldn’t have fit better as Harrisonburg City Public Schools recently updated its harassment policy, said Kelly Lineweaver, coordinator of policy and communication for the school division.

At a School Board meeting earlier this month, the board approved a revised harassment policy to comply with the latest Title IX statement on gender identification and the prohibition of harassment because of such.

“It is now explicitly stated in our policy,” Lineweaver said.

But beyond that, HCPS has been making moves to create a safe and welcoming learning environment for transgender students since 2019. At the end of the year, online student record-keeping was updated to include a student’s preferred name and pronouns. The information is accessible to all students’ teachers.

“This avoids the uncomfortable conversations,” Lineweaver said.

In addition, many teachers have voluntarily taken part in The Safe Zone Project, which is a free online resource providing curricula, activities, and other resources for educators.

Despite all of this, Lineweaver said the school division still has “a long way to go,” and is looking forward to guidance from the Department of Education on how to implement further supports for transgender students.

Sal Romero, the head of the Equity Advisory Committee for the school division, said the group is meeting once a week and is working to update the division’s inclusivity statement to include protections for transgender students. He is hoping the draft will be completed and presented to Superintendent Michael Richards by the end of the month.

It’s important that student voices are heard during this process, Romero said. There is one student on the committee of nine currently.

“We are keeping in mind that students’ voices are the best and most significant in moving forward,” he said.

Lineweaver added that at the end of the day, despite transgender students’ rights being considered a “hot-button topic” by many, “for us this is not a political issue. This is about protecting and respecting all students.”

Rockingham County Public Schools’ Response

Rockingham County is a long way from adopting any policy on transgender student rights, said Superintendent Oskar Scheikl. In fact he said the division is “nowhere ready to adopt these policies.”

“For a controversial topic like this ... it’s not easy in a community with religious groups that would likely oppose [the policies],” he said.

RCPS won’t consider adopting policies until they are approved by the DOE and guidance is brought down by the Virginia School Board Association. From there, the school division and School Board will have to decide whether to adopt the VSBA guidance, which is the norm, whether to adopt part of the guidance, or whether to draft their own policies.

After that, it will be presented at a School Board meeting as an information item first, and then approved at a subsequent meeting.

In terms of what the school division already has in place to protect transgender students’ rights, Scheikl said those situations are handled on a case-by-case basis within the students’ school.

“I personally haven’t been involved in that conversation in our schools,” Scheikl said.

Although he said it was rare that RCPS students come forward as transgender, Scheikl also acknowledged that in a school division with 11,000 students, even a transgender population of only 1% would represent 110 students.

“The question is always whether it was brought to our attention,” Scheikl said. “There have been cases in Rockingham County but none that I can refer to.”

But at the end of the day, Scheikl said the school division is committed to creating a safe learning environment for all students.

“We say, ‘Here for all students,’ but sometimes what really goes on in a school building suggests, ‘We’re here for most students,’” Scheikl said. “But we must insist on it.”

Before the public comment period ended for the model policies, there were over 4,000 comments. They varied in their absolute opposition to the policies to fervent support. Commenters included parents, school board members, community members, religious leaders, medical professionals, family members and concerned citizens.

Although some of the pushback stems from the feeling that school divisions are interfering with a topic that should be left to families, many comments are about the sharing of public spaces such as bathrooms and locker rooms.

As long as the topic has been in the public eye, there has been concern that if a student identifies as a female, and uses a female bathroom, they are going to assault a female peer, Scheikl said.

“There is a misconception in the general public. Their focus is on what people feel could be a danger to their child,” Scheikl said. “And that’s not how it works.”

Scheikl also conceded that religious points of view in the community and communities across the commonwealth could play a part in the pushback against transgender student protections.

Why Are These Policies Important?

Despite the numerous comments to the Virginia Department of Education decrying the proposed policies, there are many who say they will save lives. Many are parents of transgender and non-binary students. Some of them are parents of former students wishing these policies had been in place when their child was in school. And others have high school, middle or even elementary school students who are non gender-conforming, imploring the DOE to implement these policies.

But it’s also up to the school divisions to implement them.

However, reported compliance and practiced compliance are different things. For these policies to have their full effect, there has to be buy-in from the top down, according to Sproul.

“The biggest impact that can be made for trans students is whether or not faculty and administrators will stand up for them,” Sproul said.

It comes down to whether teachers will respect students’ chosen pronouns, whether a student will be accommodated on school grounds, and whether record-keeping will reflect a student’s identity, Sproul said.

“It’s the will of those in charge to implement these lifesaving measures.”