‘Expected to follow the law’: Virginia governor calls out school district for vowing not to change its transgender policies

Virginia’s largest school district said Tuesday it doesn’t legally need to change its gender policies, including its practice of hiding information from parents. The governor disagrees.

In a letter to the community, Superintendent Michelle Reid stated Fairfax County Public Schools will maintain its current transgender policies.

“We have concluded our detailed legal review and determined that our current Fairfax County Public School (FCPS) policies are consistent with federal, and state anti-discrimination laws as required by the new model policies,” the letter states.  

However, the district’s policies do not align with the Virginia Department of Education’s model policies, which districts are required by law to model locally.

Reid’s letter goes on to declare that transgender students at Fairfax schools:  

• Will continue to be addressed by their chosen names and pronouns, as provided by FCPS Regulation 2603 (V) and federal law. 
• Will continue to be provided with access to facilities, activities, and/or trips consistent with their gender identity, as provided by Regulation 2603 (IX) and federal law.  
• Will continue to have their privacy respected regarding gender expansive or transgender status, legal name, or sex assigned at birth, as provided by FCPS Regulation 2603 and federal law. 

But the state’s model policies require students use bathrooms that align with their biological gender and participate in athletic programs or activities consistent with their biological sex. 

They also state that personnel should only use pronouns listed in a student’s official record and inform parents if a student wants to be referred to by a different pronoun or name.  

Gov. Glenn Younkin’s office released a statement Wednesday in response to FCPS’s defiance.  

“The law requires the Virginia Department of Education to provide model policies and requires school boards to adopt policies consistent with those provided by the Department,” a Youngkin spokesperson said, according to Fox News. “The Fairfax County Public Schools policies diverge from VDOE model policy guidance and perpetuate a false notion that FCPS knows what’s better for a child than a child’s parent. The Fairfax County school board is expected to follow the law.” 

Two other school districts in the state have also openly expressed unwillingness to follow the guidelines, according to WUSA9.