A nonbinding legal analysis by Virginia Attorney General Jason Miyares determined the state’s new model policies regarding transgender students fall in line with federal and state laws and that school boards are required to adopt policies consistent with them.
“The Model Policies ensure that all students are treated with dignity and that parental involvement remains at the center. These policies are fully compliant with the law, and school boards across the Commonwealth should support and implement them,” Miyares, a Republican, said in a statement.
The Virginia Department of Education’s new model policies place an emphasis on parental rights and defer to parents or guardians on what names, nicknames, and pronouns should be used when students are in class. The policies also state that participation in school athletics should be determined by a child’s biological sex, not gender identity.
The Youngkin administration policies roll back a number of accommodations for transgender students made during the Democratic Northam administration.
The question of enforcement and consequences of school boards not adhering to the policies remains up in the air. Most Northern Virginia school boards have opted to continue with their existing policies, which they say do not violate state or federal laws.
Jack Preis, a University of Richmond law professor, tells The Associated Press that it remains unclear whether schools can be forced to comply.
There could be political consequences, but in terms of specific legal consequences, those would only flow from a judicial decision. And we won’t see a judicial decision unless Miyares or an unhappy parent has the power to demand judicial enforcement. It appears unlikely that either of them have that power,” Preis told The Associated Press.
Feature image, amazing studio/stock.adobe.com
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