Regarding the new 2023 Youngkin Model Policies for Transgender Students, Superintendent Spence has requested and Chair Riggs has agreed for the School Board to go into a closed meeting on July 25th to "consult with legal on any potential legal issues that may arise for the School Board around these policies." 

The Virginia Freedom of Information Act (FOIA) is very clear that public bodies can only go into closed meetings for reasons as defined in the law.  The law specifically states that public bodies cannot go into closed "merely because an attorney representing the public body is in attendance or is consulted on a matter." A FOIA opinion has also stated that "the legal matters exemption would not allow a closed meeting to be held to discuss general policy or other matters that may eventually have legal consequences."

My e-mail to the School Board on this matter is posted below. The School Board works for and serves the public and we should not be having these policy discussions behind closed doors. When legal questions were being asked about the recent Transgender Resolution and the Sexually Explicit Materials policy, the board did NOT go into closed session for these matters. Additionally, discussions in closed sessions have often turned into attacks on Board members, discussions about committee assignments, and other unrelated closed session matters. I will continue to vote against certifying closed session meetings when the Board violates FOIA.

The document below was received from VA Beach Schools through a FOIA request by a parent.
  
We now live in a world where people scream censorship to keep pornographic books in schools, but try to push censorship of language of simple words such as King/Queen Mr/Miss.
We now live in a world where a public school cannot give Tylenol to a child without a parent permission slip but can hide health related gender and mental health issues and overnight sleeping arrangements from parents (see attached documents).

This VBCPS document below references "gender based housing for overnight leadership workshops".  It tells staff to reference a "guiding questions document".  That document was also received through a FOIA request and is shown below.

HIDING INFO FROM PARENTS-- From the "guiding document" shown below:
If parents/guardians are not aware or affirming of the student’s gender identity, describe how school-home communication will be handled:
Sample Response: Do you want your family to know? Do you need support when telling them? If you do not want them to know or are not ready for them to know, what are some reasons for not telling them? Allow student time to respond.
As a school we will do everything we can to affirm you by using your requested name and/or pronouns. However, when we communicate with your parents/guardians, we will use the name and pronouns used by your parents/guardians. So, if we were to have a conference with them and you were present or if we were to send an email and you were included, we will be using your legal name and the pronouns associated with it. What are your thoughts about that?

VA law states: Code 1-240.1: Rights of parents
A parent has a fundamental right to make decisions concerning the upbringing, education, and care of the parent's child.

When the School Board voted to approve allowing the Superintendent to create the regulations for Transgender students (I voted no), I asked why we weren't being provided with those regulations prior to the vote.  I was told by our School Board attorney that the SB Chair told her not to make the draft public.  I was also told that the Superintendent would inform the public once the regulations were finished.

So, I received an email from our Media Dept that the regulations were completed and would be sent to parents.

Then I received a long "newsletter" and at the bottom in small print it included a link to "policy updates" but never mentioned the transgender policies.  When you click on the link it takes you to a confusing page that lists over 50 policy/regulation updates.

As I expected, those in charge just didn't want the public to be informed.  Here are the actual regulations that are now being implemented.  Read for yourself....

Here is the link that the Supe's office provided in the newsletter:  https://www.vbschools.com/about_us/our_leadership/school_board/policies_and_regulations/updates​

Summary:
1.  Any student can use any restroom or locker room of their choice and staff cannot question it.
2.  A student may choose to be called a different name or pronoun without a parent's permission or knowledge.
3.  If a student or employee refuses to use a certain pronoun, they could be charged with bullying and harassment.  The pronouns that will be used are "he, she, they". 
4.  Students of the opposite sex may be able to share the same overnight accommodations on overnight trips. 

On Sept 14th, the VB School Board will vote on a policy that could be a violation of state law and the constitution.  The actual policy up for a vote can be found here.  Please review the flyer created by some concerned parents that details how you can have your voice heard.  Please email the board, sign up to speak and attend the rally.

First, there are some items in the VDOE model policy that I support, such as anti-bullying/anti-harassment.  However, we have had those policies in place in Va Beach for a while.

Here are some details of concerns with the proposed policy:

Violation of Religious Liberty:

The School Board elected member's oath of office is to uphold the US and Va constitutions
Article 1 Sec 16 VA Constitution Bill of Rights:
No man shall be compelled to frequent or support any religious worship, place or ministry whatsoever…. Nor shall otherwise suffer on account of his religious opinions or belief; but all men shall be free to profess and by argument to maintain their opinions in matters of religion, and the same shall in nowise diminish, enlarge, or affect their civil capacities.

1st Amendment to the US Constitution established the The Free Exercise Clause which gives us the right to worship or not as we choose. The government can't penalize anyone because of their religious beliefs.

The proposed policy/regulation states: 

• Regulation states: The pronouns recognized by the School Division will be: he; she; or they
• Using the term “they” for an individual person is grammatically incorrect. If an employee or student does not believe, based upon their scientific or religious convictions, that there are more than 2 genders and they refuse to use the pronoun “they” for an individual person then the student or employee could be charged with discrimination and harassment.
• Reasonable efforts will be made to inform the person not using the student’s preferred name or pronoun and that compliance with this Regulation and related policies and regulations is required.
• If these regulations are not followed, disciplinary action will take place:  The policy states “such action may include disciplining any students using student discipline procedures; disciplining any employees or officials involved using employee discipline procedures; taking appropriate action against School Division agents, volunteers or invitees. So it appears that even parents or volunteers could be faced with actions against them.

Violation of Parental Rights

Virginia § 1-240.1: Rights of parents. A parent has a fundamental right to make decisions concerning the upbringing, education, and care of the parent's child.

Proposed policy/regulation
B. Student name and gender pronouns
1. In accordance with this subsection, students will be allowed to use a name and
gender pronoun that reflects their gender identity without substantiating evidence. (no parental requirement of approval or notification)

2. At the written request of the student or parent/legal guardian of a minor student,
use the name and pronoun that corresponds to the student’s or parent/legal
guardian’s request. The school administration where the student attends school
may request that the request be made in writing and signed by the student or
parent/legal guardian of a minor student.

5. In the situation when parents/legal guardians of minor students (under 18 years of
age) do not agree with the minor student’s request to adopt a new name and/or
pronoun, the student and parent/legal guardian will work with school
administrators to determine how to address the student’s needs. The safety and
welfare as well as the student’s access to educational services and opportunities
should serve as the primary focus. (if a parent doesn’t agree, how will the school force them to “work with the school”?)

Student Privacy

1. Access to all facilities (bathrooms/locker rooms) that correspond to a student's gender identity shall be available to all students.

2.  Overnight trips:  Students may choose the rooming, bathing, changing facilities that align with the student's gender identity.  Students should not be placed into single occupancy accommodations not required for other students.  (males and females could be rooming with one another on overnight field trips.)

The VDOE created Model Policies for transgender students and local school boards have been told to implement these policies.  While there are some positive items in the document (of which the VA Beach Schools Board has already implemented), it is my view that some of these policies violate other laws and the constitution in the area of parental rights.

Lack of transparency:  the School Board agenda only indicates that the Board will be voting on "Policy 5-7/Non-Discrimination/Non Harassment of Students.  However, the agenda does not provide any supporting documents to the public of what exactly will be voted on.  The normal process is for a policy to come before the board for "information" and then for a "vote" at the following meeting.  This way the public has enough time to know that it is on the agenda and to provide input.  As of 8/19/21, the agenda does NOT provide any additional info.  However, I do have the policy 5-7 that will be voted on this Tuesday (it is unfortunate that the Board Chair and Vice Chair appear to be hiding this from the public).  You can find a copy of the entire VDOE document here and I am also providing a 2 page summary below.

Contact the School Board and let them know  your view point:  vbcpsschoolboard@googlegroups.com.  ​

  The VA Beach School Board will be voting on a policy that directs the Superintendent to create regulations, practices and trainings that comply with the VDOE Model Policies on Transgender students. While there are some positive items in the document such as anti-bullying policies, there are also policies that take away parental rights and student rights to privacy. VBCPS already has policies in place regarding bullying so there is no need to adopt new ones. The superintendent’s regulations will not require Board approval.

Contact the Virginia Beach School Board and let them know how you feel on this topic: vbcpsschoolboard@googlegroups.com.  Please also plan to attend the School Board meeting and sign up to speak!  More info to come when agenda is published.
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Here is a summary of the model policies and what will be implemented if this policy passes:
STUDENT IDENTIFICATION:

• In the situation when parents or guardians of a minor student (under 18 years of age) do not agree with the student’s request to adopt a new name and pronouns, school divisions will need to determine whether to respect the student’s request, abide by the parent’s wishes to continue using the student’s legal name and sex assigned at birth. 
• In situations where students may not want their parents to know about their transgender status, and schools should address this on a case-by-case basis. If a student is not ready or able to safely share with their family about their transgender status, this should be respected. There are no regulations requiring school staff to notify a parent or guardian of a student’s request to affirm their gender identity, and school staff should work with students to help them share the information with their family when they are ready to do so.
• (The school should never have the ability to override a parent or withhold information from a parent)

ACCESS TO ACTIVITIES AND FACILITIES:

• Whenever schools provide sex-segregated activities such as physical education classes, students should be allowed to participate in a manner consistent with their gender identity. (In PE classes or non VHSL events, biological males may participate in activities/sports of biological females and vice versa. VHSL does currently prohibit this in their sports.)
• For overnight field trips, the school should not force the student into single-occupancy accommodations that are not required for other students; however, such alternative accommodations should be made available to any student requesting them. It is important that school divisions adopt policies and procedures that are focused on the safety of all students and seek to address privacy interests in situations involving individuals undressing or showering. School divisions should ensure that all students who participate in extracurricular activities that involve overnight trips are aware of the school’s policies and options available to them in advance. (Biological males could be placed into the same room as a biological female on overnight field trips)

• Schools frequently maintain separate restrooms, locker rooms or other facilities for males and females. Students should be allowed to use the facility that corresponds to their consistently asserted gender identity. School staff should not confront students about their gender identity upon entry into the restroom. (Biological males and biological females will be using the same restrooms and locker rooms-even if they are not transgender, and staff cannot question the students.)

• Additionally, § 22.1-6.1 of the Code of Virginia requires each school board to make menstrual supplies available at all times and at no cost to students in accessible locations in each elementary school and in the bathrooms of each middle and high school. Accordingly, these supplies should be made available in all bathrooms to be gender-inclusive.

STAFF TRAINING

• All school mental health professionals shall be trained annually on topics relating to LGBTQ+ students, including safety and support for LGBTQ+ students

SCHOOL REOPENING PLAN:

The School Board approved the administration's reopening plan by a vote of 7-4 (nays-Hughes, Manning, Franklin, Weems). Here are the details:

1. Masks required for all students and staff and anyone who enters the building.

2. Contact tracing will continue. When students are masked, an infected student is NOT considered a close contact if between 3-6 ft.

3. Asymptomatic vaccinated individuals are not required to quarantine but non-vaccinated will be.

4. Plexiglass will not be necessary

5. 3 ft of social distancing will be maintained when possible.

6. All sports, clubs, band, performing arts will be in session. Coaches and athletes must wear face coverings indoors. Athletes may relax masks when engaged in physical activity. Masks not required outdoors for athletes, coaches or spectators. Indoor spectators must be 6ft distanced.

I was told that students whose parents do not want them to be masked will NOT be provided an alternative and will NOT be provided with the Constitutional right to a free high quality public education.

Below is a medical exemption for masks if your doctor deems it necessary.

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